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66 Vill. L. Rev. Online 1 (2021)

handle is hein.journals/vlrtoleg66 and id is 1 raw text is: VJKKANOVA LAW RFVJEW ONLINE: TOLKE LEG 66 VJKL. L. REV. TOLKE LECE I TRUMPING AFFIRMATIVE ACTION VINAY HARPALANI* ABSTRACT This Essay examines the Trump administration's actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump's judicial appointments have garnered much attention, the Essay focuses on the actions of his Department ofJustice, Civil Rights Division. It lays out the Department ofJustice's investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ's actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the strategies used by Students for Fair Admissions and the Department of Justice-how they have used Asian American plaintiffs and forced universities to reveal information about their admissions processes-and considers the broader social and political impact of these strategies. The Essay also analyzes how the litigation challenging affirmative action has employed ambiguities in prior cases involving race-conscious university admissions. Although President Joe Biden's administration can undo some of the Department of Justice's actions, these actions have set the stage for affirmative action to be trumped. * Copyright © 2021 by Vinay Harpalani, Associate Professor of Law and Henry Weihofen Professor at the University of New Mexico School of Law. J.D., 2009, New York University School of Law; Ph.D., 2005, University of Pennsylvania. I thank Professor Stacy Hawkins for her helpful feedback on this Essay. Additionally, editors of the Villanova Law Review Tolle Lege-Hannah Schroer, Anna Glorioso, and Pat Smith-did an outstanding job editing this Essay and suggesting revisions. (1) VILLANOVA LAW REVIEW ONLINE: TOLLE LEc.E 66 VILL. L REV. TOLLE LEGE 1

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