by Deborah N. Archer, Professor of Law, New York Law School
“What do you have to lose?” That was the question Donald Trump posed to Black voters on the campaign trail. Well, the answer is clear: educational opportunity. Reports have circulated that the Civil Rights Division of the United States Department of Justice is preparing to investigate and file suit against colleges and universities that use race-conscious admissions programs, on the theory that affirmative action discriminates against White applicants. Such a move would certainly be an effective dog whistle to rally Trump supporters, but it would be a disaster as public policy. The Administration’s threat of protracted litigation will likely intimidate many colleges and universities into abandoning their race-conscious admissions programs. This would be a loss for all Americans.