Race-based admissions carveout permitted for military academies.
The Supreme Court Excludes Military Academies from Landmark Ruling on Race-Based Admissions
In a groundbreaking decision, the Supreme Court has struck down race-based admissions in university admissions, ruling that Harvard University and the University of North Carolina’s use of racial preferences violated the Equal Protection Clause of the 14th Amendment. However, the court did not address the issue of racial preference in military academies’ admissions decisions, leaving their existing policies untouched for now.
Chief Justice John Roberts explained in a footnote to the majority opinion that no military academy was involved in the cases considered, and therefore, the court did not address the propriety of race-based admissions systems in that context. He acknowledged the potentially distinct interests that military academies may present.
Justice Sonia Sotomayor dissented, criticizing the exemption for military academies as arbitrary. She argued that if the court did not exempt religious schools who were not direct parties to the ruling, it should not exempt military academies either. Sotomayor emphasized that national security interests are also implicated at civilian universities hosting Reserve Officer Training Corps (ROTC) programs.
Experts believe that the case is not fully settled yet. While the court did not address the question of race-based admissions policies in service academies, it left the possibility open for future consideration.
However, I’m extremely disappointed military academies have been exempted.
These institutions should be MERIT-BASED to ensure we get the best and brightest officers.
— Rep. Mike Waltz (@michaelgwaltz) June 29, 2023
According to Mike Berry, general counsel for First Liberty Institute and a former Army attorney, the question of whether service academies can use race-based admissions policies remains unanswered. As no service academies were parties to the litigation, the court left this issue for another day.
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The post Carveout for Race-Based Admissions Allowed for Military Academies appeared first on The Western Journal.
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