It remains to be seen whether Students for Fair Admissions—which also filed a similar suit against the University of North Carolina at Chapel Hill last month—will have its day in court. Yet, the complaints against these schools illustrate an ongoing debate over the fairness of "holistic admissions," the process by which higher-ed institutions evaluate applicants as unique individuals rather than as numbers on a page. It’s not just grades and test scores that colleges care about these days; it’s extracurricular involvement, leadership, volunteer work, socioeconomic background—and race. Under this system, highly qualified applicants are routinely rejected and never given an explanation as to why. For rejected applicants of Asian descent, race often appears to be a key factor. But there’s no way they can know for sure; most college officials avoid acknowledging discrimination, simply praising diversity as a virtue instead.

The Harvard complaint notes that Asian Americans comprised more than 27 percent of applicants at the three most selective Ivy League colleges between 2008 and 2012 but represented only 17 percent to 20 percent of their admitted students over the same period. That discrepancy is especially noteworthy considering, according to the complaint, Asian Americans made up roughly 46 percent of applicants in 2008 "with academic credentials in the range from which Harvard admits the overwhelming majority of students." That threshold was defined as an SAT score higher than 2200, out of 2400 total points.

In other words, as Blum argues, these numbers may suggest the existence of a "behind-closed-doors quota." The Supreme Court banned racial quotas in higher education in a landmark decision in 1978. If either the Harvard or UNC cases is appealed at the district level, it could make its way to the Supreme Court. And if that happens, the justices might finally render a ruling on affirmative action—the highly controversial practice of favoring minority applicants who belong to historically disadvantaged groups. (The last time that came close to happening was in 2013, when the court declined to reverse any of its previous rulings in Fisher v. University of Texas.)

Robert Iuliano, general counsel for Harvard, said in a statement that the school’s admissions strategy is legally sound. "The College considers each applicant through an individualized, holistic review having the goal of creating a vibrant academic community that exposes students to a wide range of differences," he said. "The University’s admissions processes remain fully compliant with all legal requirements and are essential to the pedagogical objectives that underlie Harvard’s educational mission." Anna Cowenhoven, a spokeswoman for Harvard, added that the school will respond to the litigation, which is currently pending.