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Jeremiah Poff, Education Reporter


NextImg:Group behind Harvard affirmative action case targets military academy admissions next


The group that won a landmark decision at the Supreme Court that struck down the consideration of race in college admissions now wants to do the same for the U.S. military academies.

Fresh off its landmark court victory against Harvard and the University of North Carolina, Students for Fair Admissions has launched a new website seeking new members for its organization among high school graduates who applied to the United States Military Academy at West Point, the Naval Academy, or the Air Force Academy but were denied.

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Edward Blum, the president of Students for Fair Admissions, explained in an interview with the Washington Examiner that the court's ruling in Students for Fair Admissions v. Harvard, which said colleges could no longer consider an applicant's race in the admissions process, did not address whether military academies could consider race. Nevertheless, he said the court's only comment on the matter, a brief footnote, should not be taken as an endorsement of the practice.

"Footnote number four in the majority opinion, I see that as a statement of agnosticism, more than a kind of an exemption or carve out," Blum said. "I think everyone recognizes that the service academies in the world of higher education are unique. But the court just said, 'It's not before us, hasn't been briefed, we're not going to touch it.'"

The footnote, part of Chief Justice Roberts's majority opinion, reads, "No military academy is a party to these cases ... and none of the courts below addressed the propriety of race-based admissions systems in that context. This opinion also does not address the issue, in light of the potentially distinct interests that military academies may present."

The military academies: West Point for the U.S. Army, the Naval Academy in Annapolis, Maryland, and the Air Force Academy in Colorado Springs, Colorado, are among the most selective institutions of higher education in the country. Operated by the Department of Defense, students at the academies attend tuition free with the commitment that they will serve a minimum of four years in the military. Upon graduation, military academy students are commissioned as officers in their respective branches.

The Biden administration, in an amicus brief filed before the court before oral arguments in the case, had argued that the military academies had relied on prior court precedent in Grutter v. Bollinger, which allowed the consideration of race because "the effectiveness of our military depends on a diverse officer corps that is ready to lead an increasingly diverse fighting force."

"The Armed Forces thus rely on Grutter both in admitting students to West Point and the Nation’s other military academies and in recruiting officers from civilian universities like Harvard," the government wrote in its brief. Since the court's ruling in June, the Biden administration has repeatedly noted that the Students for Fair Admissions ruling does not apply to the service academies.

Despite his perception of an agnostic attitude on the part of the Supreme Court toward race-conscious admissions at the military academies, Blum said he hopes that the academies will still comply with the court's ruling and avoid using race in their admissions decisions.

"Students for Fair Admissions hopes that there will be some clarification from the service academies, in which they will state that they will comport with the Supreme Court's opinion in Harvard and UNC ... and not use race as a factor in their admissions process," Blum told the Washington Examiner. "We hope that we don't have to sue them. However, if that statement is not forthcoming, then Students for Fair Admissions is likely to bring a challenge to the service academies' continued use of race and ethnicity."

Blum said he would invite anyone to come forward and join Students for Fair Admissions who had been denied admission at one of the academies. He noted that, under the Biden administration, the likelihood of the service academies changing their admissions practices to exclude the consideration of race was small.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

"We hold out hope that upon further reflection and analysis, the service academies will comport with the SFFA decisions," he said.

The Washington Examiner reached out to the White House and Pentagon for comment.