Students for Fair Admissions, the anti-affirmative-action group that won its Supreme Court case against Harvard University and the University of North Carolina this summer, is now suing the U.S. Naval Academy for considering applicants’ race in the admissions process.
“For most of its history, the Academy has evaluated midshipmen based on merit and achievement,” the lawsuit states. “America’s enemies do not fight differently based on the race of the commanding officer opposing them, sailors must follow orders without regard to the skin color of those giving them, and battlefield realities apply equally to all sailors regardless of race, ethnicity, or national origin.”
The 28-page suit was filed Thursday in the Northern District Court of Maryland.
“Over the past few decades, however, the Academy has strayed from that approach,” it adds. “Instead of admitting midshipmen solely on leadership potential and objective metrics—the Academy stopped requiring applicants to submit standardized scores three years ago—the Academy focuses on race.”
SFFA filed a separate lawsuit against the U.S. Military Academy based in West Point, N.Y., last month for similar reasons. The legal-advocacy group led the charge against Harvard and UNC that resulted in the ban of affirmative action in colleges and universities, under the Supreme Court decision in June.
Military academies, however, were exempt from the ruling. Chief Justice John Roberts clarified that the 6-3 majority opinion did not apply to military academies because they were not explicitly included in the Harvard and UNC cases.
“No military academy is a party to these cases, however, and none of the courts below addressed the propriety of race-based admissions systems in that context,” the decision’s fourth footnote reads. “This opinion also does not address the issue, in light of the potentially distinct interests that military academies may present.”
Despite the notable exception, SFFA argues that the Naval Academy is not unlike any other higher-education institution on constitutional grounds. Therefore, the school “has no justification for using race-based admissions” practices, which could be deemed unconstitutional under the Fifth Amendment if the plaintiff were to succeed. The Fifth Amendment contains an equal-protection principle, which SFFA alleges the Naval Academy violates.
“Because the Academy discriminates based on race, its admission policy should be declared unlawful and enjoined,” the lawsuit reads.
The listed defendants in the suit include Defense Secretary Lloyd Austin, Navy Secretary Carlos Del Toro, Naval Academy acting superintendent Fred Kacher, and Naval Academy dean of admissions Bruce Latta.