WASHINGTON (CN) — The Supreme Court on Friday refused to order West Point to stop using race in its admissions decisions, declining an emergency request from the same group that prompted last term’s blockbuster ruling gutting affirmative action.
The court explained its decision by citing the underdeveloped record in the case.
Although the justices declined to grant an injunction while the case proceeds in the lower courts, the court stated its ruling should not be construed as expressing any views on the merits of the case.
Students for Fair Admissions sued West Point shortly after the Supreme Court issued its ruling in SFFA v. Harvard. Although the advocacy group was able to severely limit how public and private colleges use affirmative action policies, military academies seemed to get a pass from the ruling.
In the majority opinion, Chief Justice John Roberts included a footnote that excluded military academies from the ruling because the court had not considered the specific interests these institutions might have in diversifying their classes.
Students for Fair Admissions argues that the government shouldn’t be able to use this caveat to defy the court’s ruling in Harvard directly.
“After this court’s landmark decision in SFFA v. Harvard, no public or private university is openly considering race in admissions, with one exception: our nation’s military academies,” Patrick Strawbridge, an attorney with Consovoy McCarthy representing the group, wrote in the application before the court.
The group asked the court to temporarily prohibit West Point’s continued use of race in admissions decisions while its lawsuit proceeds, and claimed that the court needed to take action before the school’s application deadline.
West Point told the court emergency intervention in its admissions decisions was unnecessary. The school said it began reviewing applications last August and has already sent out hundreds of acceptance letters.
Race is just one factor of many that West Point uses to create a diverse officer class, according to the government. Many of the academy graduates go on to hold leadership roles in the military; 50% of the Army’s four-star generals hail from the school.
The government described West Point’s need to diversify its officer class as a national security imperative, citing accusations of minority service members being used as “cannon fodder” in wars.
“A lack of diversity in leadership can jeopardize the Army’s ability to win wars,” U.S. Solicitor General Elizabeth Prelogar wrote.
Students for Fair Admissions and the Justice Department did not immediately respond to requests for comment on the court's ruling.
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