Virginia-based Advocacy Group Sues West Point Over Affirmative Action Practices

Introduction

In a significant legal development, Students for Fair Admissions, the group renowned for challenging race-conscious student admissions policies, has filed a lawsuit against the U.S. Military Academy at West Point. The case, aimed at the Army school’s affirmative action practices, alleges that these practices unconstitutionally discriminate against white applicants. This move comes in the wake of a recent Supreme Court ruling that permitted military academies to continue considering race as a factor in student admissions, and it seeks to erase the exemption granted in that ruling.

The Supreme Court’s Decision and Its Implications

Influenced by its conservative majority, the Supreme Court’s June ruling marked a departure from longstanding policies adopted by American colleges and universities to enhance diversity by admitting more Black, Hispanic, and other minority students. While the ruling invalidated admissions policies used by institutions like Harvard University and the University of North Carolina, it did not specifically address the use of race in admissions at West Point, the Naval Academy in Maryland, and the Air Force Academy in Colorado. Chief Justice John Roberts, the author of the ruling, mentioned in a footnote that the military academies might have “potentially distinct interests.”

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Affirmative Action: A Matter of Debate

The Biden administration argued in a brief during the Supreme Court case that “the effectiveness of our military depends on a diverse officer corps that is ready to lead an increasingly diverse fighting force.” This argument echoes the long-standing support for affirmative action in higher education, corporate settings, and the military to foster diverse perspectives.

Legal Action Against West Point

Students for Fair Admissions initiated the lawsuit in a federal court in White Plains, New York. The lawsuit alleges that West Point’s admissions practices violate the principle of equal protection enshrined in the U.S. Constitution’s Fifth Amendment. It seeks an injunction preventing the academy from considering an applicant’s race during admissions. The lawsuit highlights the case of two white male high school students who, though qualified to apply to West Point, believe that their race would hinder their chances of fair competition.

“Racial Balancing” at West Point

The lawsuit further contends that West Point engages in “racial balancing” by setting specific benchmarks for the percentage of cadets from various racial backgrounds, such as “African Americans,” “Hispanics,” and “Asians.” As per West Point’s website, minorities constituted 39% of the 1,255 cadets admitted for its 2027 class.

Edward Blum, the founder of Students for Fair Admissions, who is himself white, expressed his strong disapproval of these racial classifications and preferences, stating that “no level of deference justifies these polarizing and disliked racial classifications and preferences in admissions to West Point or any of our service academies.”

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The Supreme Court’s Evolving Stance

The Supreme Court’s decision in June favored Students for Fair Admissions, even though the Court had upheld affirmative action in student admissions as recently as 2016. The group’s argument centered on the claim that the challenged policies discriminated against white and Asian American applicants.

This legal battle marks a pivotal moment in the ongoing national discourse surrounding affirmative action policies and their impact on the admission processes of prestigious institutions like West Point.

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