Supreme Court Allows West Point to Factor Race in Admissions Amid Ongoing Lawsuit

The Supreme Court has granted permission for West Point to continue factoring race into its admissions process, allowing the military academy to maintain its current policies while facing an ongoing lawsuit. The decision was delivered as part of an emergency appeal seeking changes to West Point’s admissions process, and it comes at a crucial time as the academy is in the process of selecting candidates for its next entering class, the Class of 2028.

The recent order, issued without any noted dissents, emphasized that it should not be interpreted as expressing a view on the merits of the constitutional question surrounding race-conscious admissions. The Supreme Court’s conservative majority had previously ruled in June that such admissions plans violate the U.S. Constitution, focusing on cases from Harvard University and the University of North Carolina. However, the court explicitly excluded West Point and other service academies from its decision.

The lawsuit against West Point was initiated by Students for Fair Admissions, the same group behind cases against Harvard and North Carolina. The organization contends that West Point’s admissions process, which takes race into account, is illegal. While lower courts had declined to halt the admissions policies at West Point and the U.S. Naval Academy during the ongoing lawsuits, only the West Point ruling has been appealed to the Supreme Court.

“Every day that passes between now and then is one where West Point, employing an illegal race-based admissions process, can end another applicant’s dream of joining the Long Gray Line,” argued lawyers for Students for Fair Admissions in a court filing.

The Biden administration, represented by Solicitor General Elizabeth Prelogar, emphasized in its brief that a “diverse” Army officer corps has long been considered a national-security imperative.

“For more than forty years, our Nation’s military leaders have determined that a diverse Army officer corps is a national-security imperative and that achieving that diversity requires limited consideration of race in selecting those who join the Army as cadets at the United States Military Academy at West Point.” Prelogar stated.

Unsurprisingly, the Biden administration supports the illegal consideration of race in selecting cadets at West Point to achieve this diversity.

Photo credit: Flickr

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