In "Affirmative Action Score: Advantage: U. of Texas," the National Law Journal offers an interesting "hypothetical memo" explaining why Fisher v. University of Texas likely will allow business at usual at public institutions, with one possible exception:
The details of most racial-preference plans have not been voluntarily divulged by state universities, recognizing that secrecy probably limited the number of challenges. I have always thought that if a university believed that its admissions policies were wise and helpful to the students and the school as a whole, it should not hide what it is doing from those seeking admission and the public at large. That approach may no longer be optional, as I suspect that opponents of racial-preference policies will start using state open-government (Freedom of Information Act) laws to obtain information about those policies to help decide which ones are most vulnerable. State disclosure laws vary, but it will be a formidable task for a university to say that its admission policies are vital to the success of the school, but we can't tell anyone what they are or how we decided to use them as opposed to other options.
