Even if you removed affirmative action from the application process schools would figure out how to give "advantages" to minorities.
I am a 1st year student at a top-tier dental school and have seen some stuff that has seriously made me consider filing a lawsuit against the school.
Dental school for most of us started in August. There was, however, a head start program in which blacks, and only blacks, were allowed to start school 2 months early and take a crash course with all of the same professors that I was going to have, were allowed to take practice exams, get 1 on 1 instruction, etc. So basically they got to take the classes and tests before they had to for real. The thing that pisses me off is that the school can't even claim that it is for students with the lower GPAs who they feel might struggle, so they are giving them help. It is solely based on race.
This is just the tip of the iceberg. It was recently exposed that the minority students have their own advisor (who just happens to be black). They have a secret webpage with usernames and passwords where they can access test questions and help material ahead of time before tests that the rest of us don't get. I took a gross anatamy test last semester that took most of us the full 3-4 hours to complete, and there were 2 black guys done in 45 minutes!! It would not be physically possible to just read the questions and answers in that time without even thinking about them. This advisor that they have is also in charge of who gets what scholarships, so those minorities who aren't on a full ride already get ALL of the scholarships, even though I will be in 120,000 of debt just as they would. People have tried to study with some minorities and they respond by telling us that their advisor said it was "best to study in small groups of 2 or 3" so no.
But here is the worst part for me. I am interested in specializing after my 4 years of general dental school. It is extremely competitive to get into programs and a lot of it is based on class rank. These students are getting so many advantages over me it gives me a huge disadvantage and basically has an affect on my career earnings and entire future. So I know there are some law buffs out there, don't I have some merit for a case or not really by the written law? Getting the minorities in is one thing, but giving them these advantages can't be legal if it screws me so bad. I know the school probably does this because it is a public univ and the state probably puts pressure on them to produce much needed minority dentists.
It's funny, I was NEVER a racist person before I came to dental school. But you know what? I am now.