I've noted that the "disparate impact" policies/litigation-strategy of Obama administration and of the NAACP will have the effect of increasing actual racial discrimination against Asian-Americans. Ron Unz and Charles Murray have a wealth of data to suggest that the Ivy Leagues are already engaging in explicit racial discrimination against Asians, with what appears to be a de facto cap on Asian-American admissions, even as the percentage of Asian-Americans goes up, and the percentage of high-achieving American students who are of Asian descent rises even higher.
Some day a lawyer is going to be the first to start bringing these cases and make himself very rich. But left-wing legal entrepreneurs will be uncomfortable about the politics of these cases, because they undermine the disparate-impact paradigm; and right-wingers with the entrepreneurial spirit tend to go into business, rather than law or policy.
Update: coincidentally, the debate is joined today in the New York Times.