And people see that this framing of “breaking ties between qualified candidates” concept is merely wordplay. Harvard doesn’t say “everyone above a particular academic index score is ‘equally qualified’ and there’s no difference above that line.” According to the SFFA data, Asian and white students in the 10th decile of academic index score are 5-6 times as likely to be admitted as white and Asian students in the 5th decile (who have virtually no chance). But black and Hispanic students in the 5th decile are as likely or more likely to be admitted as white and Asian students in the 9th and 10th deciles. Thus, Harvard uses race to admit less qualified students—as measured by the very metric Harvard has established to measure qualifications.
Most people intuitively understand this without the explanation. They intuitively understand that grades and test scores establish a sliding scale of more or less qualified candidates.