Perhaps, but it's less troubling than legislating into law a false notion that blacks cannot be held to the same standards as the rest of the people. I believe they are every bit as capable as anyone else. Who here believes that it's okay to not only suggest, but to pass laws which say, the bar must be lowered for black people because, well, otherwise they can't? That's so degrading in my view.
If the counter argument is poverty, not race, is really the problem and black people are disproportionately poor, then I say the affirmative action laws are beating around the bush. Address the disadvantages of poverty, if we must handicap the field.