Both sides in a lawsuit alleging that Harvard University’s affirmative action policies discriminate against Asian American applicants are asking the court to rule in their favor without a trial.

Students for Fair Admissions (SFFA), a non-profit membership group that advocates against racial preferences in college admissions, alleges that Harvard is discriminating against Asian Americans by trying to “limit the number of Asian Americans that attend the college.”

The complaint was originally filed in 2014, and on June 15 SFFA filed a motion asking that the court grant summary judgement due to “incontrovertible evidence” that Harvard is intentionally discriminating against Asian Americans through “racial balancing”—maintaining specific percentages of ethnic groups for each graduating class.

“No rational factfinder could conclude that Harvard’s admissions system complies with Title VI of the Civil Rights Act,” the complaint argues. Title VI states that discrimination is prohibited “on the basis of race, color, and national origin in programs and activities receiving federal financial assistance
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If Harvard admitted students based only on their academic index, Asian Americans would comprise over 50% of the admitted class,” the SFFA contends
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