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Harvard finally won. With Judge Allison D. Burroughs ruling that the Trump administration’s freezing of over $2.6 billion in research funding was unconstitutional, the University scored a major legal victory against the White House. However, Burroughs, an appointee of former United States President Barack Obama, will likely not be the last judge to hear our case.

As such, Harvard should prepare to lose something. Whether it is academic freedom, research funding, diversity on campus, or another integral function of our University, we are unlikely to walk away from this fight without making some major concessions. That concession ought to be our funding. If we are going to lose our money anyway, it is better to cede it up front rather than sacrifice our values alongside our cash.

For Harvard, the primary question is: should we fight in the courts or settle outside them? The path ahead in the courts doesn’t look promising, but even losing the legal fight is better than giving in.

Let’s start with the legal landscape.

Upon hearing the news of Burrough’s decision, the Trump administration vowed to appeal. Assuming this case follows the normal appellate process, appellate circuit courts, filled by Obama and Biden-appointed judges, will likely decide in favor of Harvard. But after this, the path becomes more treacherous.

Over the past eight months, the Supreme Court greenlit the Trump administration to deport immigrants to countries not in removal orders, ban transgender people from the U.S. military, fire probationary civil servants, and allow DOGE to access Social Security records, among many other controversial measures.

Many of these rulings, released on the “shadow docket” with little rationale, have permitted President Donald Trump to unleash a destructive agenda on the American people, democratic institutions, and higher education. If our case comes before the Supreme Court, it doesn’t look good for Harvard.

Still, however, there remains a possibility that the Supreme Court could rule in Harvard’s favor, a case which could set a precedent against federal overreach on higher education and private universities.

If Harvard decides to settle, on the other hand, we may regain the $2.6 billion, but at what cost? Based on previous demands, terms of a settlement could place conditions on research, pressure the institution to cease teaching controversial subjects, or inhibit our ability to enroll international students. Any of these changes would fundamentally denigrate the ability of private institutions to operate without federal intrusion.

Furthermore, it is unclear that we even would retain the funding long-term. Any attempt to capitulate to Trump is self-defeating. Brown University’s agreement with the Trump administration includes clauses permitting the federal government to conduct “compliance review, investigations, or litigation” into perceived violations of Students for Fair Admissions at any time. If the Trump administration could whip up a new line of allegations to wring more money out of higher education, why should we take them at their word that they won’t?

At the end of the day, Harvard will either have to settle with the Trump administration and sacrifice the values of our institution, or fight back and maintain our values. I would much rather us fight and lose than capitulate and lose. Harvard, and academia as a whole, will lose more if Harvard decides to settle. When no institution of higher education is willing — or able — to push back against the Trump Administration, it is our responsibility as the nation’s wealthiest university to fight back.

In these trying times, it is the responsibility of students and affiliates to resist federal concessions in any way possible. Relinquishing our responsibility to defend higher education will come at great cost to the next generation of leaders.

If we must give up something in this fight, let it be our funding, not our values.

M. Austen Wyche ’27, an Associate Editorial editor, is an Economics concentrator in Winthrop House.