It is, and if it isn't, then it's discrimination based on heritage.
>note that if the Supreme Court overturns these decisions, it will be based on labeling affirmative action policies as being actively discriminatory against Asians and Whites, not actual direct discrimination against Asian applicants
No, it will be that they found affirmative action policies as discrimination against Asians, and that is direct discrimination against Asian applicants. Saying "well you were just a box I ticked the wrong way because you are Asian" does not make it less discriminatory.
It is, and if it isn't, then it's discrimination based on heritage.
>note that if the Supreme Court overturns these decisions, it will be based on labeling affirmative action policies as being actively discriminatory against Asians and Whites, not actual direct discrimination against Asian applicants
No, it will be that they found affirmative action policies as discrimination against Asians, and that is direct discrimination against Asian applicants. Saying "well you were just a box I ticked the wrong way because you are Asian" does not make it less discriminatory.