[flexie]

In its hundred of years history, its admission system has been discriminating against minorities, going far beyond what only those with "sensibilities" would care about.

Recently it has been well documented how Asians have a tougher admission than white Americans. Until the 1930s, and possibly longer, they had a Jewish quota. While Jim Crow laws were being dismantled, there was 1 (one) black student in the 1958-class. Then there was the gender quotas.

Harvard - as other private universities - are benefiting from favorable tax treatment, and from society acknowledging their education for a number of different professions (law and medicine are obvious examples). But even without that, society has a legitimate interest in regulating against discrimination in private universities.