This is inaccurate as to the allowable purposes for affirmative action. In Bakke, (1978), the Supreme Court held that diversity was an allowable rationale, but redressing past discrimination was not. As described in the NYT:
Diversity isn’t just one rationale for creating or maintaining a racially integrated student body. It is the only rationale. Ever since the Bakke case nearly four decades ago, no other reason for affirmative action has passed constitutional muster in the view of the Supreme Court’s majority: not equalizing opportunity, not redressing past wrongs (the flagship Austin campus was formally all-white until 1956 and functionally segregated long after that) or opening previously closed doors. Only “diversity.”
https://www.nytimes.com/2015/12/24/opinion/the-supreme-court... (an opinion piece related to the Fisher case, which pertained to affirmative action in university admissions)