Richard Sander and Stuart Taylor Jr. (authors of the just-published book Mismatch) have an essay on Minding the Campus in which they argue that the degree of preference for “diverse” applicants is often very strong, but that college officials try to pretend otherwise. They would like to see colleges disclose accurate information on that, something missing in the Fisher litigation.
My quarrel with them is that they would keep the Gordian Knot of racial preferences in place, but try to untangle and reduce its impact. I can see no good argument for continuing to evaluate students based on their ancestry at all. That is no more relevant to their qualities as students than what religion they belong to, what music they like, whether they are right-handed or left-handed, etc. The Court would do the country a favor if it cut the Gordian Knot and ruled that public universities may not use race or ethnicity in evaluating applicants.