Harvard Crimson interviews Vinay Harpalani: ‘Complete Switch in Position’: Legal Experts Say Biden Likely to Back Harvard in Race-Conscious Admissions Suit

Authors

Vinay Harpalani, University of New Mexico - School of LawFollow
Benjamin L. Fu, The Harvard Crimson
Vivi E. Lu, The Harvard Crimson

Document Type

Article

Publication Date

1-20-2021

Abstract

Many education and legal experts expect President-elect Joe Biden's Justice Department will extend support to universities — including Harvard — currently embroiled in legal challenges from anti-affirmative action group Students for Fair Admissions.

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Vinay Harpalani, a law professor at the University of New Mexico, said he believes the Department of Justice will reverse course and file an amicus brief in support of Harvard if the case is appealed even further.

“If the case goes to the U.S. Supreme Court, I would expect the Biden administration to file an amicus brief in favor of Harvard — so complete switch in position,” Harpalani said.

Harpalani added that he believes Biden’s Justice Department will re-evaluate its ongoing investigations into alleged discrimination in admissions programs at highly-selective schools.

“DOJ will be out of the Harvard and Yale investigation. So, [that is] one thing I expect to happen,” Harpalani said. “Number two: I expect Obama-era guidance on race-conscious admissions policies to be re-issued.”

Streaming Media

Publication Title

The Harvard Crimson

Recommended Citation

Vinay Harpalani, Benjamin L. Fu & Vivi E. Lu, Harvard Crimson interviews Vinay Harpalani: ‘Complete Switch in Position’: Legal Experts Say Biden Likely to Back Harvard in Race-Conscious Admissions Suit, The Harvard Crimson (2021).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/832