Affirmation action mandates a historically and currently racist society to demonstrate commitment to end subversive racist policies.
Maybe, but with some amount of collateral damage that will never be truly avoidable, because it’s still a system explicitly based on race. Society can never fully heal under a system like that. It can make some progress, but that progress has arguably already been largely achieved and somewhat plateaued; continuing an upward trajectory now requires different tactics.
Declaring everyone equal under the law doesn’t begin to put forth the required effort to actually make the country a more equitable place.
That was true at one point, but a lot has changed since that time.