SCoTUS acknowledged affirmative action was constitutionally suspect in 2004. This won't change with the election, but, yes, the next administration could turn a blind eye to DEI-based violations.
In this last year, even the most liberal people I know seem relieved that the DEI fever has broken. There still are ideologues who have burrowed under the skin and gone quiet, but most of the damage was inflicted in pursuit other (economic) agendas, like BlackRock controlling access to corporate funding in furtherance of ESG/DEI at the same time promoting its own line of underperforming investment products bearing Fink's seal of approval. Or within Shell, individuals advancing their own careers by branding themselves social justice warriors, at the same time making bad personnel decisions (who make terrible investment decisions) and exposing the company to untold liability, most of which gets resolved with NDA's and cash. Shell needs to clean house. You can't run a business with incompetent posers gaslighting everyone by spewing corporate doublespeak. And especially one person in particular who needs to go, and I'm not talking about YL.