Exactly. There are multiple cases where things a university does inadvertently favors one subgroup or another. We know for example the SATs favor Asian-American

Exactly. There are multiple cases where things a university does inadvertently favors one subgroup or another. We know for example the SATs favor Asian-Americans. So does having standardized testing as part of your admissions process count as affirmative action? How many layers of indirection do you need in order for it to be acceptable? It's ultimately not an easy thing to determine at all and trying to just hide the racial statistics of universities is just admitting it isn't a problem as long as it isn't seen.