students with low sat or act scores. nothing to do with race or national origin. they have the ability to select who they want to come into the school. they just can't base it off of discriminatory practices related to race. i don't think they can make that logical step to convince the court that this is race based. >> julie: the 31 page complaint says harvard's consideration of legacy preferences violates federal law. they admits predominantly white students using donor and legacy preferences and excludes non-white applicants. as a recipient of federal funds harvard is required to follow title vi that prohibits discrimination of race and national origin. does that help that the funds are received by harvard, federal funds? >> no, i still don't think they have a leg to stand on. they are missing the boat.