Yes, I think we are saying the same thing with respect to the DOJ finding. I'm saying it has nothing to do with anything because there is already a similar case in the courts. Yale would be ignoring Justice with or withouot the Harvard case, so the DOJ case is literally pointless, other than to gnerate publicity for Trump's platform to "Make America Great."
Publicity has nothing to do with anything when it comes to the 70 or so cases the Court agrees to hear each year. Everyone thinks their case is the end of the world. This is not that big of a deal, given the number of similar cases the Court has heard over the years. The law is very well settled. Schools are allowed to use race as a factor in admissions. This isn't controversial, or widely unpopular. This also isn't Roe V. Wade, and there is no great national desire to force institutions of higher education to deemphasize diversity in admissions, even though it's a hot button issue for universities, med schools, and applicants. The appellate court is going to let the present ruling stand, given where it's going to be heard (MA), and the Supreme Court is not going to waste its time with it.
Justice is just doing Trump's bidding. Whatever case they bring will very likely be dismissed sometime after next January, as the new administration will have zero interest in pursuing it. Otherwise, Yale will be forced to spend some money to defend what it is doing, but will ultimately receive the same exact outcome as Harvard. The DOJ isn't adding anything at all to the matter, which is already pending. That is why it's irrelevant.
