Wednesday, February 3, 2021
Today, President Joe Biden's Department of Justice (DOJ) dropped its lawsuit challenging Yale University's race-conscious admissions policies--a lawsuit that was initiated by the Trump Administration. The Biden Administration will likely effect a "complete switch in position" from the Trump Administration's stand on affirmative action and fully support the use of race as a flexible, individualized factor in university admissions. Nevertheless, as I have recently written, the Trump Administration did a lot of damage to the future prospects of affirmative action, not only through Trump's judicial appointments, but also through the actions of his DOJ. For more on the Trump Administration and affirmative action, see my essay, "Trumping" Affirmative Action, which was just published in Villanova Law Review Tolle Lege.