The Law is an ass and it's a waste of my beautiful mind to spend time on the legal arguments which are all Calvinball, but not only will the SUPREMOS overturn affirmative action, they will leave any race neutral efforts efforts to enhance student body diversity under such a cloud that any accepted black person will be evidence of a violation. Admitting "too many" black people will be proof of violation, and right wing legal groups will be constantly taking universities to court.
Which is the point of all of this.