The group Students For Fair Admissions is suing the U.S. Military Academy at West Point to take race out of the admissions process. The group is the same group that filed the lawsuits resulting in the Supreme Court’s ruling to strike down affirmative action in college admissions.

Filed in New York’s Southern District, the federal lawsuit alleges that West Point violated the Fifth Amendment’s equal protection principle. The group claims that West Point has predetermined how many Black, Hispanic and Asian cadets should be in each class.

The Students For Fair Admissions (SFFA) asked the court to prohibit West Point from knowing or considering an applicant’s race when making an admissions decision.

In June 2023, the Supreme Court ruled that affirmative action can no longer be used in college admissions. That ruling did not cover military academies. 

SFFA President Edward Blum believes it is time that military academies follow suit in eliminating affirmative action from admissions.

“Because the U.S. Supreme Court’s recent opinion in the SFFA cases expressly forbids all institutions of higher education from using race in admissions decisions, it must follow that the U.S. military higher education institutions must end their race-based policies as well,” Blum said.

In a statement, the academy said it does not comment on active litigation.

The U.S. military academy has recently taken steps to address racial injustice by removing the honors of Confederate soldiers like Robert E. Lee.