Supreme Court refuses to end West Point’s racially sensitive admissions policy

In June, the Supreme Court struck down the Harvard and UNC programs in a landmark decision that severely limited the role of race in college admissions nationwide. However, the majority opinion, written by Chief Justice John G. Roberts Jr., left open the issue of race in admissions to military academies.In a footnote, the majority said the military academy was not a party to the lawsuit, adding that few were parties to the lawsuit. The court did not address “the appropriateness of race-based admissions in that context,” and neither did the high court. That’s because of the “potentially different benefits that military academies may offer.”

In a brief, unsigned order Friday, the justices denied the emergency request, saying the court record was “not in order.”

Although there were no notable dissenting opinions, the court said its order “should not be construed as expressing any view on the merits of the constitutional question.”

Three other military academies also consider race in admissions, officials said. The Naval Academy, the Air Force Academy, and the Coast Guard Academy.

In early January, a New York district judge denied a request by Students for Fair Admissions to immediately change West Point’s admissions practices. The group then appealed, asking the Supreme Court to act before the military academy begins evaluating next year’s applications, which it said would begin no later than Jan. 31.

The group said the June high court ruling did not create an exception for military academies, and that while the lawsuit continues, West Point will “give away thousands of more applicants, including incoming students. They argued that people should not be allowed to label and categorize people based on color. Class of 2028.

“Should these young Americans bear the burden of West Point’s unchecked racism? Or should West Point bear the burden of temporarily complying with the Constitution’s racial equality mandate?” The group said in a court filing.

But the Biden administration told the judge that the academy has been reviewing applications since August and that the process will continue into April or May.

The nation’s elite military academies have long worked to ensure that future officers include enough people of color to reflect the nation’s diversity and the enlisted corps they will lead. Gender has been taken into consideration.

“Our military leaders believe that a diverse Army officer corps is a national security imperative, and that diversity can only be achieved by those who join the Army as cadets at the U.S. Military Academy at West Point. “We have determined that it is necessary to take race into account to a limited extent when selecting candidates,” the solicitor said. Gen. Elizabeth B. Preloger told the judges.

Prelogar said students want fair admissions. Second-guessing the Army’s decisions regarding the training and composition of its armed forces should not be allowed, and courts should defer to the military’s decisions. She rejected the group’s request for a judge to overturn “a long-standing military ruling based on a scant factual record, limited development of legal issues, and a fabricated state of emergency based on artificial deadlines.” I asked.