Not the issue.
"The SFFA [Students for Fair Admissions] group that brought the case accused Harvard of going too far by engaging in “racial balancing” that limited Asian Americans to no more than 20% of its incoming classes.
The group, founded by a longtime affirmative action opponent, Edward Blum, argued that while Asian Americans outperformed other groups on academic measures, stereotyping caused them to receive low scores on subjective “personal” ratings.
Harvard denied that charge, saying that its use of race in admissions was legal, and was not a factor in the “personal” ratings.
The US Department of Justice sided with SFFA, saying Harvard had not seriously considered race-neutral approaches to admissions. It has also investigated whether another Ivy League school, Yale University, also discriminates against Asian Americans."
Judge rejects challenge accusing undergraduate admissions program of discrimination against Asian American applicants
www.theguardian.com