Katie Benner:

Absolutely.

So they're saying that Harvard is using race, and they want to create — they want to create a percentage of students by race, they want to control the population, the student body pool, and that — so one of the things they're using are these subjective factors.

It's called the personal test or a personal score. And what the students contend is that Asian Americans are consistently rated lower on that score as a way to artificially suppress their admission to Harvard.

The plaintiffs in the case point to the fact that Harvard admissions, if you look at the statistics around race, Asian Americans have consistently made up 20 percent of the class for years and years. And they say, how can this be? We should be let in on the basis of merit. And if that were to happen, you would see those numbers change.

Now, some of the things in the case are actually quite damning for Harvard. There is evidence in the case that shows that admissions professionals at Harvard did say disparaging things about Asian Americans in their personal scores.

So this is not a clean and clear-cut case of one side being right or wrong. Like all things related to affirmative action, it's incredibly gray. We will see what happens. And it's also very emotionally charged.