After reading college confidential acceptances at Harvard, it seems that they seem to be very aware of these factors. There are kids who were first time college in the family, african american, without any big hooks getting in with scores on SAT in the 1450 range. So they must have some ideas on this or perhaps they were one of the early test schools to get these. Hence, why it would be difficult in the current law suit to go just on merit/scores.