Imho, this article is an example of how the NYT has gone off the rails with their agenda-based spin on reporting.
The article flat out says the following:
“Harvard said that the plaintiffs’ expert, Peter Arcidiacono, a Duke University economist, had mined the data to his advantage by taking out applicants who were favored because they were legacies, athletes, the children of staff and the like, including Asian-Americans.”
All of those can influence the personal rating positively.
This lawsuit is an attempt by anti-affirmative action people to end affirmative action. They are using Asians as a figurative cudgel to beat other minorities, and this saddens me.
Fwiw, I think affirmative action is not without flaws and could be improved (e.g., I struggle to see why Asians aren’t given affirmative action status at these universities similar to how Asians have this status with the federal government — there has been and still is oppression and discrimination against Asian Americans), but I think there are large swathes of the country that are still in favor of this policy.