How the Trump Administration Is Reimagining Civil-Rights Enforcement

Its muscular approach sets it apart from previous Republican administrations.

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President Donald Trump looks on, as he signs executive orders in the Oval Office at the White House in Washington, D.C., April 23, 2025.

Leah Millis/Reuters

Earlier this month, a federal judge dismissed the Trump administration’s civil-rights case against Harvard, the latest judicial rebuke of an administration accustomed to pushing legal boundaries. But what is remarkable here is not the pushback. It is that a Republican administration is pushing the boundaries of federal civil-rights enforcement at all.

The administration has mobilized agencies across the government, allowing the Department of Health and Human Services (HHS) to assume a leading role in higher-education matters once left largely to the Department of Education. And it has pursued the ultimate civil-rights sanction — the complete withdrawal of federal funding in many cases — with a determination that Washington has not displayed in decades. In its whole-of-government coordination, and the sheer force of its remedies, the second Trump administration has distinguished itself from every previous Republican administration in our lifetime.

KM

About the Author

Kenneth L. Marcus

Kenneth L. Marcus is the chairman and CEO of The Louis D. Brandeis Center for Human Rights Under Law and the former Assistant Secretary for Civil Rights at the United States Department of Education under two administrations.

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