A lawsuit that claims Harvard caps the number of high-achieving Asian-Americans it admits could go to trial in Boston as early as this summer, according to CNN. The lawsuit was filed in 2014 by conservative advocates who continuously challenge affirmative action and the distinction it makes based on students’ skin pigmentation.

The term “affirmative action” was first used in the United States in “Executive Order No. 10925“, signed by former President John F. Kennedy in 1961, which included a provision that government contractors “take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin.”