The case was brought by current and former students of the schools, and at least one parent, who claim that preferential treatment for wealthy applicants was based in part on seeking donations from family members if they were accepted.

“It’s likely that there’s a good argument that the statute focuses on whether someone is penalized for seeking financial aid,” said Doug Melamed, a professor at Stanford Law School, who questioned some aspects of Kennelly’s decision. “It’s not interested in whether, within the universe of applicants not seeking financial aid, those who are regarded as potentially large benefactors are treated more favorably.”