Our reader Christine Langhoff discovered an excellent analysis of the “compact” that the Trump administration has offered to several universities. A “compact” usually refers to an equitable agreement between two parties. The Trump “compact” is a harsh threat: sign or die.

Christine writes:

Here’s UCLA Law professor Joseph Fishkin on the so-called compact the administration want universities to accept.

Any lawyer—really, any careful reader—who makes it through even the first paragraph of the document can see that this is incorrect. The “compact” is quite explicit: Universities that do not sign on to this thing thereby “elect[] to forego federal benefits.” What benefits? Well, that same first paragraph lists quite a few specific “benefits”: “(i) access to student loans, grant programs, and federal contracts; (ii) funding for research directly or indirectly; (iii) approval of student and other visas in connection with university matriculation and instruction; and (iv) preferential treatment under the tax code,” which means 501(c)(3) status. This compact is a “reward” in exactly the same sense that it is “rewarding” to purchase protection from the Mafia. The compact is an open, explicit threat.

It nonetheless does represent a tactical shift on the part of the Trump Administration. The Trump team’s goal has not changed. They want an unprecedented—and flagrantly unconstitutional—degree of government oversight and control over American universities. So far they are having some trouble obtaining it. Their initial strategy, to roll up the sector from the top, starting with Harvard, through bespoke negotiated dealmaking with individual schools, has turned out to be slower going—and I suspect, simply more labor-intensive—than I am guessing they expected. (I use the rollup metaphor to evoke how a monopolist takes over a sector by buying out one firm after another, gaining more leverage over holdouts as they go. So far it has not worked.) Meanwhile, federal district courts have dealt a series of significant blows to the government’s ability to, for example, arbitrarily withdraw federal scientific research grants. So the administration is pivoting to a new tactic, which seems to be to roll up the higher ed sector from what you might call the upper middle. Instead of starting at the very top with the high-stakes confrontation with Harvard and working their way down, the new tactical approach is to start with whichever prestigious schools seem likeliest—for various reasons—to be amenable to the government’s overtures. It is no accident that many of the schools May Mailman’s team first approached about this “compact” have interim presidents, who are inherently weak, sometimes because a prior president was successfully forced out through political agitation by the right.

https://balkin.blogspot.com/2025/10/the-art-of-replacing-law-with-deal.html