If we applied disparate impact theory to college applications, lawsuits would abound. When Asians have to score hundreds of points higher on the SAT to get the same chance of getting into an elite university as do blacks and Hispanics, and 140 points higher than whites, I don't know how our liberal friends who push disparate impact theory can argue that it shouldn't be applied here. Unless, of course, Asians don't matter.
When Asian enrollment is capped at the Ivies at a certain percentage, when people can talk openly, without any repercussions, about having "too many Asians", then yes, Asians are the new Jews of higher education.
Only a racist could support such policies.