Of course,
THIS kind of affirmative action is still legal, and will probably be even easier to do now, for those with the means to do it.
The same people who tell poor kids to pull themselves up by their bootstraps would never think to challenge
THAT sort of affirmative action. And strangely enough, there aren't any non-profit foundations funding challenges to it, or promoting that sort of thing.
But I'd be willing to wager that Harvard and other privates like it (and certainly all publics) take federal research money, and have plenty of other points they rely on public funds for... sidewalks? roads? sewers, power lines, etc. How about a challenge that they stop taking public money as long as they let Kushners, Waltons, Rockefellers, Schwabs, etc. in just because their parents built the school a new gym, faculty lounge, dorm, etc.?