One would question why affirmative action was legal and constitutional just a few years ago, and as far back as the 1980's, but illegal now.
As for the content of the article, discrimination in the US against blacks, historically and presently, is race based, not class based. This is common sense, perceptualy one only sees someones outer features, not their bank balance or other unknowable signs of class.
At one point blacks (even world famous American blacks) couldn't vote, couldn't attend the commons, couldn't purchase homes in certain affluent neighborhoods, and couldn't be part of certain organizations (and still can't till this day). Curiously, blacks were never compensated for this injury perpetuated against them by their own government.
This sort of discrimination was wholly race based, your income or your social standing was irrelevant. This is why people focus on race and not the red herring that is class.