"From 2009 until 2014, the paper “Legacy and Athlete Preferences at Harvard” finds, 43 percent of the Caucasian applicants accepted at Harvard University were either athletes, legacies, or the children of donors and faculty. Only about a quarter of those students would have been accepted to the school, the study concludes, without those admissions advantages."[0]
I'm reminded of the words of Malcolm X—"If you stick a knife in my back nine inches and pull it out six inches, there's no progress. If you pull it all the way out that's not progress. Progress is healing the wound that the blow made. And they haven't even pulled the knife out much less heal the wound. They won't even admit the knife is there."
Americans may have struck down de jure segregation (big applause!) but we're still de facto segregated a generation or two later. K-12 schools serving predominantly black communities have less funding, less extra-curriculars, less honors/AP courses (UCLA expects a 4.5 GPA, have fun getting one wifhout lots of advanced courses available). Don't get me started on the racial discrepancy in being able to get childcare or pay for ACT/SAT prep courses that all my white peers did in their summers.
Affirmative action is discriminatory in the sense it admits there's more to applications than your number, as much as that irks SWEs who love to reduce people to an algorithm. You can't just say "we have no black students because no qualified black students applied!". There are certainly qualified minorities, maybe the way in which you're measuring "qualified" has a racial bias? To give one example, the father of SATs and AP courses was a racist eugenicist who thought (correctly, but for the wrong reasons) standarized tests would help stop minority admissions since the 1920s were all about the idea that race and intelligence are linked. [1] Do we think that intention is totally irrelevant to the outcome of these tests? There's a reason educators don't like them! Cheaper to use scantrons than to try and assess with any nuance.
[0] https://slate.com/business/2019/09/harvard-admissions-affirm...
[1] https://www.nea.org/advocating-for-change/new-from-nea/racis...