The Court did not get rid of Affirmative Action as we know it in the private sector. That's unlikely to happen any time soon, because private sector Affirmative Action in employment does not give anyone preferential treatment. Affirmative Action is simply a procedure for identifying, recruiting, and promoting highly qualified people who represent racial diversity. Government employers historically have set minimum qualifications for jobs based on scores on written and oral tests. Everyone who gets above a minimum score is put on a hiring list.
Managers usually can hire anyone in the top five or ten of the list.
During the days of corrupt political organizations, managers in government would go down the list and hire number three or number nine to get their cronies in. When Affirmative Action came along, they tried to change the rules and only hire the top person. The U. S. Supreme Court ruled that you couldn't change the rules to keep out minorities. If someone in the top five is an underrepresented minority, courts have held you must use Affirmative Action to hire them instead of a white male higher on the list. It's unfortunate, because a lot of white men feel they have been hurt by Affirmative Action.