This is a legal contradiction. The law says it is illegal to discriminate based upon race or color (amongst other things) but then does a 180 and says it is legal to discriminate based upon color (when hiring).
The Justices have failed to reconcile this paradox.
It was a “temporary” fix to apparent discrimination that had long been occurring in this country. However, it now has taken on a life of its own. It needs to be overturned.