Harvard University’s legal team, relying on the U.S. Supreme Court’s ruling in June for affirmative action, is urging a federal judge to dismiss two of six charges in a suit that accuses the university of discriminating against Asian-American student applicants.

The high court’s 4-3 ruling in Fisher v. University of Texas “makes clear” that two counts against Harvard are “without legal merit,” according to Seth Waxman, the Wilmer Cutler Pickering Hale and Dorr partner who represents the university.