If they go to trial, every frat brother these guys had will take the stand and claim that the two that were expelled are big time racists.
Okay, that's an interesting fall-back position. It may even happen. But you said they'd never sue. They're suing.
No one knows exactly what will happen, but I think it's significant that Holder and the hive have gone so over the top that some kids reciting a boorish chant almost as nasty as something you'd hear any Sunday at Reverend Wright's church are in a position to turn a PC university upside-down and start shaking. The culture war will soon be fully engaged.