I have argued elsewhere that Harvard has no obligation to accept anyone. However, the civil Rights act does prevent discrimination based on race if they do.
The supreme Court case on the admissions topic showed extremely clearly that race was not just a tiebreaker.
Imo, the far more egregious use is public universities.
Similarly, if I run an organization, I can choose to serve 10 or 10,000. I just can't hang out a sign saying "no blacks/whites allowed".
What about Brown v. Board of Education? Do you think that Southern schools had an obligation to accept black students or did they not have to accept anyone at all? Do you think in 1900-1945 when Harvard Yale and Columbia were putting a quota on the number of Jewish students to limit their enrollment that was fine, as Harvard has no obligation to accept anyone, Jewish or otherwise?
I think you misunderstand what I wrote. Please reread it