A UCLA law professor, Richard Sander, is not giving up on his struggle to get more data from the liberal and secretive State Bar of California in order to write a follow-up to his 2004 study on affirmative action in law schools. It concluded that preferences permit minority students to attend schools for which they are not academically prepared, dragging down their grades and chances of passing the bar exam. Sander is considering filing a lawsuit for the information, or seeking assistance from a state legislator.

Gail Heriot, a law professor at the University of San Diego and a member of the U.S. Commission on Civil Rights, commented on this case in the Wall Street Journal:

Some of the same people who argue Mr. Sander’s data are inconclusive are now actively trying to prevent him from conducting follow-up research that might yield definitive answers … If racial preferences really are causing more harm than good, they apparently don’t want you—or anyone else—to know.