In what at first glance seems a big blow to colorblind equality under the law, federal district Judge Allison Burroughs has ruled that Harvard University’s admittedly “race conscious admissions” pass constitutional muster even though the result disfavors Asian Americans.

Burroughs, an Obama appointee, acknowledges that “Asian Americans would likely be admitted at a higher rate than white applicants if admissions decisions were made based solely on the academic and extracurricular ratings.” Instead, they are admitted at a lower rate than white and black applicants, and at a significantly lower rate than applicants of other races with similar paper qualifications.