The University of Michigan has strongly challenged charges that it held back preliminary data on the impact of affirmative action in higher education. (See here, here, and here.) It is also my understanding that the plaintiffs in the Michigan affirmative action cases have withdrawn any claims that the Michigan failed to disclose relevant documents during the discovery process, and therefore the relevant documents would have been available to the plaintiffs prior to any Freedom of Information Act request. It does not appear that any of this undermines the Lerner-Nagai critique of the Gurin studies, however.