Why the opponents of racial preferences haven't taken America's private universities to court

The opponents of affirmative action in college admissions are passionate an d brilliant litigators. After a string of court victories, they now boast t hat almost all of the universities of higher education in the country are g uilty of breaking the law But why is it that these new champions of the Fou rteenth Amendment haven't trained their litigating guns on the most dedicat ed practitioners of race-conscious admissions, particularly our most sought -after private institutions such as Yale, Harvard and Stanford? Could it be that the legal forum that will finally decide this issue is precisely the place where the racial conservatives don't want to be?.