Sorry but that doesn't really have bearing on the Harvard case, the decision upheld that scoring systems and quotas are unconstitutional.
Of course you seem to be ignoring Regents of the University of California v. Bakke 1978 that ruled that race could be used as a factor in admissions but struck down quotas.
In fact Grutter v. Bollinger in 2003 Sandra Day O'Connor wrote the majority opinion that the Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body."
Hmm sounds like Harvard's argument. So the law is not nearly as clear as you make it out to be.
Of course you seem to be ignoring Regents of the University of California v. Bakke 1978 that ruled that race could be used as a factor in admissions but struck down quotas.
In fact Grutter v. Bollinger in 2003 Sandra Day O'Connor wrote the majority opinion that the Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body."
Hmm sounds like Harvard's argument. So the law is not nearly as clear as you make it out to be.