Democrats are defending elite universities like Harvard and Columbia from threats to their federal funding and tax-exempt status. (Reuters/Nicholas Pfosi)
"The Bob Jones case is a very strong precedent in the government's corner on this," Joe Bishop-Henchman, vice president of tax policy and litigation at the National Taxpayers Union Foundation and an adjunct scholar at the Cato Institute, told Fox News Digital in an interview.
"The Bob Jones precedent makes it a hard case for Harvard to win. It'd be a lot easier if that case wasn't there, because I think they'll have to argue that they're being singled out, that this is politics," he said. "If the administration can argue that it's a violation of public policy, then the Bob Jones precedent follows."
Today, Bob Jones University, a Christian liberal arts college in Greenville, South Carolina, has a student body of more than 2,700. In 1983, it had policies banning interracial dating and marriage among students and expelled students who violated that policy. The IRS said that because of those racially discriminatory policies, the school did not qualify for tax-exempt status.
TRUMP ADMIN ASKS IRS TO REVOKE HARVARD'S TAX-EXEMPT STATUS
A drone view shows anti-Israel protestors voluntarily packing up their encampment in the Yard at Harvard University in Cambridge, Massachusetts, on May 14, 2024. (Reuters/Brian Snyder TPX IMAGES OF THE DAY)
The high court held that the institutions failed to provide the "beneficial and stabilizing influences in community life" required to receive special tax status supported by taxpayers, according to the judicial archive Oyez. Because of their bans on interracial relationships, the schools could not meet that standard.
The justices concluded that racial discrimination in education conflicted with a "fundamental national public policy." While acknowledging the schools’ religious beliefs, the Court found that the government may limit religious liberties when it is necessary to serve an "overriding governmental interest," in this case, prohibiting racial discrimination. As the court noted, "not all burdens on religion are unconstitutional."
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As such, the Trump administration argues that Harvard's handling of antisemitism on campus should disqualify the university from keeping its 501(c)(3) tax-exempt status. The IRS is expected to make a final decision soon, according to a report from CNN, which first broke the story.
Jamie Joseph is a U.S. Politics reporter for Fox News Digital covering transgender and culture issues, the Departments of Education and Health and Human Services, and stateside legislative developments.
https://www.foxnews.com/politics/flashback-democrats-defend-elite-schools-from-legal-precedent-once-championed