Earlier quoted context omitted.
> They aren’t doing anything illegal Isn't there an active lawsuit claiming their use of race in the admissions process crosses the line?
I personally don't know if such a lawsuit exists. However, if it hasn't been settled in favor of the plaintiff, and no other such lawsuits have been settled in favor of the plaintiff, then they aren't doing anything illegal.
Wouldn't that mean that they haven't yet been determined to be doing anything illegal? If you do things against the law they're still illegal even if you haven't been caught.