The group that successfully convinced the Supreme Court to ban the use of race in college admissions will take the Naval Academy to trial on Monday, challenging an exemption that allows military academies to continue using affirmative action policies.
This two-week trial before a federal judge in Baltimore is the first to result from lawsuits filed last year by Students for Fair Admissions (SFFA), a group led by anti-affirmative action advocate Edward Blum, against both the Naval Academy and the U.S. Military Academy at West Point.
Blum’s group is aiming to extend its June 2023 Supreme Court victory, where the court’s conservative majority ruled 6-3 to eliminate affirmative action policies used by colleges like Harvard and the University of North Carolina (UNC). Following that decision, both schools reported a decrease in Black and Hispanic student enrollment, although the full impact is still being assessed as other institutions have seen little change.
The Supreme Court’s ruling did not address military academies, as Chief Justice John Roberts noted they had “potentially distinct interests.” Now, SFFA is arguing that the same logic should apply to the Naval Academy, claiming its affirmative action policies are discriminatory and violate the U.S. Constitution’s Fifth Amendment, which guarantees equal protection.
The Biden administration has defended the use of race in admissions at military academies, arguing that a diverse officer corps is essential for leading an increasingly diverse military. U.S. District Judge Richard Bennett, who will preside over the trial, previously denied a request from SFFA to block the Naval Academy from considering race. He pointed out that the issues at the academy are distinct from those in civilian universities, noting that the racial desegregation of the military in 1948 didn’t resolve all problems. He remarked, “People at Harvard and UNC are not necessarily leading people into combat.”
The Justice Department, in court filings, has highlighted how racial strife during the Vietnam War underscored the need for minority officers to maintain trust within the military and ensure mission readiness. The department cited disparities between the racial makeup of the enlisted force and the officer corps, noting that while Black Americans make up 17.5% of Navy sailors, only 8.3% of Navy officers are Black. Similarly, in the Marines, Black individuals comprise 10.5% of the enlisted force but only 5.9% of officers.
SFFA argues that the Naval Academy’s policies amount to “racial balancing” and rely on racial stereotypes, asserting that the academy’s approach suggests officers of different races bring inherently different capabilities, a notion SFFA rejects as unlawful.
Judge Bennett, appointed by former President George W. Bush and a veteran of the U.S. Army Reserve and Maryland National Guard, will oversee the case. The trial is expected to address critical questions about whether affirmative action in military academies can continue amid broader changes to race-conscious policies in higher education.
