A MAJOR LEGAL BATTLE IS UNFOLDING IN BALTIMORE AS THE U.S. NAVAL ACADEMY FACES A TRIAL THAT COULD RESHAPE ITS ADMISSIONS POLICIES. 

THE TRIAL BEGINS MONDAY AND WILL DECIDE IF THE ACADEMY CAN CONTINUE USING RACE AND ETHNICITY AS FACTORS IN ITS ADMISSIONS PROCESS.

THIS CASE STEMS FROM A JUNE 2023 SUPREME COURT DECISION THAT STRUCK DOWN RACE-CONSCIOUS ADMISSIONS AT UNIVERSITIES. 

HOWEVER – 

THE COURT LEFT A SIGNIFICANT CARVE OUT IN THEIR RULING:

ONE THAT ALLOWS **MILITARY ACADEMIES TO ACCEPT STUDENTS BASED ON RACE –

IN INTEREST OF DIVERSITY.

THE LAWSUIT AGAINST THE NAVAL ACADEMY IS BROUGHT BY “STUDENTS FOR FAIR ADMISSIONS” –

OR S-F-F-A –

THE SAME GROUP THAT LANDED IN FRONT OF THE SUPREME COURT – 

AND SUCCESSFULLY OVERTURNED 45 YEARS OF PRECEDENT OF AFFIRMATIVE ACTION INSIDE COLLEGE ADMISSIONS.

THE SFFA ARGUES THAT THE ACADEMY’S USE OF RACE IN ADMISSIONS VIOLATES THE EQUAL PROTECTION CLAUSE OF THE CONSTITUTION –

AND WANTS THE SUPREME COURT’S RULING EXTENDED TO MILITARY INSTITUTIONS.

THE HIGH COURT’S DECISION IN 2023 SPECIFICALLY MENTIONED THAT MILITARY ACADEMIES MIGHT BE DIFFERENT. 

FEDERAL OFFICIALS ARGUE THAT DIVERSITY IS CRUCIAL FOR NATIONAL SECURITY AND EFFECTIVE MILITARY LEADERSHIP. 

JUSTICE SONIA SOTOMAYOR, IN HER DISSENT, HIGHLIGHTED HISTORICAL ISSUES WITH DIVERSITY IN MILITARY LEADERSHIP – EMPHASIZING THE IMPORTANCE OF A DIVERSE OFFICER CORPS.

PRESIDING OVER THE TRIAL IS U.S. DISTRICT JUDGE RICHARD D. BENNETT, WHO HAS A MILITARY BACKGROUND AND WAS APPOINTED BY PRESIDENT GEORGE W. BUSH. IN A RECENT DECISION, JUDGE BENNETT ALLOWED THE ACADEMY TO CONTINUE CONSIDERING RACE IN ADMISSIONS, CITING THE SUPREME COURT’S ACKNOWLEDGMENT OF COMPELLING INTERESTS IN MILITARY DIVERSITY.

THE OUTCOME OF THIS TRIAL WILL DETERMINE WHETHER MILITARY ACADEMIES CAN CONTINUE THEIR AFFIRMATIVE ACTION POLICIES –

OR IF THEY WILL HAVE TO FOLLOW THE SAME RULES AS OTHER COLLEGES AND UNIVERSITIES.

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