Washington Examiner

Supreme Court exempts military academies from affirmative action ruling.

Supreme Court Exempts Military Academies from Affirmative Action Ruling

Despite the recent Supreme Court ruling against affirmative action in higher education institutions, military academies remain unaffected. The court’s majority opinion, with a 6-3 vote, specifically exempts military schools from the national ban on race-conscious admissions practices at universities and colleges.

“Race-based admissions programs further compelling interests at our Nation’s military academies,”

Chief Justice John Roberts

This exemption was mentioned in a footnote to Chief Justice John Roberts’ majority opinion. The decision clarifies that military academies were not part of the cases under consideration and that the issue of race-based admissions systems in that context was not addressed.

National Security Concerns

The dissenting opinions highlight the potential distinct interests related to national security concerns. Associate Justice Sonia Sotomayor points out the arbitrariness of the conservative majority’s argument, emphasizing that national security interests are also relevant in civilian universities.

“To the extent the Court suggests national security interests are ‘distinct,’ those interests cannot explain the Court’s narrow exemption, as national security interests are also implicated at civilian universities,”

Associate Justice Sonia Sotomayor

Associate Justice Ketanji Brown Jackson further criticizes the military academy exemption, describing it as an awkward position for the Court to take.

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Justice Jackson writes, “The Court has come to rest on the bottom-line conclusion that racial diversity in higher education is only worth potentially preserving insofar as it might be needed to prepare Black Americans and other underrepresented minorities for success in the bunker, not the boardroom.”

The Supreme Court excluded military schools from the ruling because the cases specifically involved Harvard University and the University of North Carolina. The nonprofit group Students for Fair Admissions brought both cases against these universities before the Supreme Court.



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