Well, here's my two cents. I am a white male "Gen-Xer" with an engineering degree. In my graduating class in my major, 50% of the students were female (she graduated with honors, I didn't). Granted my major was the smallest in terms of number of students (two total that year, but check my math). Materials Engineering apparently isn't as popular as Pharmacy. Which brings me to a very interesting point, which I believe has some bearing on this topic.
Let's for the time being remove race and sex. Since we're all engineers here, can you say that of all the engineering disciplines offered at the college where you were educated, each program had an equal number of students enrolled? The answer is without a doubt, no. So should we institute an affirmative action program to ensure that a certain number of incoming engineering students are distributed throughout the disciplines? Again, no. Well, then, how can this be "fair"? As a materials engineer, I'm being held down and oppressed by the mechanical and electrical engineers! And what about the disciplines that I didn't mention in this post. I'm surely discriminating against you by not mentioning you, right? Does this sound like a stupid argument to anyone else? Wake up!
So why did some of us choose electrical over mechanical, or aerospace over automotive, etc.? Something in each of us drew us to a field that we found interesting, fun, or whatever, whether we're "boys" or "girls", men or women, black, white, asian, or any of the dash Americans. Maybe I'll start calling myself an "American-American" and claim minority status.
Here's another disturbing thought, why is it that only 10% of my college professors were white males born in America? Obviously white males are the laziest of all, since so few of us are pursuing advanced degrees, or teaching at the college level. Think about that the next time you hear subtle racists talk about how "lazy" or whatever a certain ethnic group is. Perhaps I was lucky enough to go to a college where we had a beautifully diverse faculty, or all faculty was hired to meet "quotas". I don't know, but I'll tell you this, I could have directly benefitted from affirmative action, but chose not to. Read on.
Upon receiving my bachelor's degree, I thought of going for my PhD and took the GRE's and sent out the applications and did the tours. I was offered research fellowships at more than one univeristy, and one in particular stood out, do you know why? Because I could speak english fluently. They blatantly told me that. The fact that I was an American-American male made me extremely attractive, since "we" are definitely a minority in the graduate programs. But I chose to enter the middle-class grind, and let the university give the fellowship to another applicant, since I "found out" that there was a more qualified Asian gentleman who was also going for the open spot.
The point is, for the most part, people pursue things that they want to do. Who are we to try to understand why a disproportionate number of black students applied to a law program in Michigan? Oh, yeah we're engineers, we try to understand everything. Should they have been accepted? Yes, if they're more qualified than the 9,731 applicants that didn't get accepted. Maybe that year, there were only 21 black people in Michigan that wanted to be a lawyer. And they wanted to be a lawyer for a long time, so they pursued the classes that would make them good candidates to be accepted in U of M's law program.
Granted some of us do live in poor neighborhoods (I do). And some of us live in the suburbs. And some of us, because of our crappy lot will never get out of the slums. And there's without a doubt many more diamonds-in-the-rough that have the potential to escape the ghettos and make something of themselves, but will take a job working at the corner store, on the graveyard shift, for minimum wage, because it's better than dealing drugs and getting shot. And what about the people who do deal drugs? If ever I did see a need for affirmative action, drug dealing is where it is.
I guess I'll wrap up my rant. The point I'm trying to make is this, affirmative action isn't the best system, and yeah, sometimes a more qualified candidate for a promotion or a fellowship, or a spot in the law program does get screwed over. But if you're more qualified, you don't give up just because you didn't make it the first time, or even worse, decide to sue someone because they hurt your feelings. The courts don't need more frivilous law suits (how many potential lawyers applied to U of M's law program that year?). No, what you do is prove your qualifications to someone who is appreciative of what you have to offer. A company or college that isn't concerned with pleasing the masses, but is concerned with having the right kind of people ("right kind" meaning the best for the job) regardless of race or sex or nationality. Is affirmative action an "unfair" system? Probably. Do you have a better solution? If so, tell it to one of the black law students, and maybe when they get to Congress, they'll fix it.
Of course, that's just my opinion. I could be wrong.