Therefore the brief is arguing for racism and discrimination against Asians.
What is particularly galling is that the argument in the brief is defending the university's ability to pick students who have been affected by their race. Thereby implicitly arguing that Asian-Americans have NOT been affected by their race.
Meanwhile, back in reality, hate crimes against Asian-Americans are up over 300% nationwide: https://www.nbcnews.com/news/asian-america/anti-asian-hate-c....