A prominent group that successfully led the charge against race-conscious admissions policies at civilian colleges is now turning its focus to military academies. Students for Fair Admissions (SFFA), led by affirmative action opponent Edward Blum, filed a lawsuit late Tuesday against the U.S. Air Force Academy, seeking to end its race-based admissions practices. The legal action was filed in federal court in Colorado, just days after a judge rejected a similar challenge to race-conscious admissions at the U.S. Naval Academy in Annapolis.
The lawsuit claims that the Air Force Academy’s admissions policies violate the U.S. Constitution’s Equal Protection Clause by considering race as a factor in the selection of cadets. In the complaint, Blum asserts, “The Air Force Academy has no legal justification for treating applicants differently based on race and ethnicity.”
The Air Force Academy, which trains future officers for the U.S. Air Force and U.S. Space Force, has yet to issue a public response to the lawsuit. However, its race-conscious admissions practices have been defended by the Biden administration. The Department of Defense argues that a diverse military leadership is essential to ensure trust and unity within the armed forces, which was desegregated in 1948. The administration has emphasized that military leaders have long acknowledged the importance of fostering a representative officer corps, especially in light of the nation’s efforts to address racial inequalities.
Legal experts have suggested that the incoming administration under Republican President-elect Donald Trump could abandon the defense of these policies, potentially affecting the future of race-conscious admissions in military institutions.
The new lawsuit is part of a broader effort by Blum’s group to extend the Supreme Court’s June 2023 ruling, which struck down race-conscious admissions policies at civilian colleges, including Harvard and the University of North Carolina. In its decision, the Supreme Court’s conservative majority argued that such policies, which were aimed at increasing minority representation, were unconstitutional. However, the ruling was narrow in scope, leaving the door open for further challenges to race-conscious practices in military academies. Chief Justice John Roberts noted that military admissions might involve “potentially distinct interests,” and the Court did not rule on that aspect.
In 2028, of the approximately 1,100 cadets accepted to the Air Force Academy, 38% were from racial or ethnic minority backgrounds, making it one of the most diverse incoming classes in the institution’s history.
Blum’s group is continuing its legal campaign following the Supreme Court’s landmark decision. The group has filed similar lawsuits in New York against the U.S. Military Academy at West Point and in Maryland against the Naval Academy. The lawsuit against West Point is moving forward to trial, while the group is currently appealing its loss in the Naval Academy case, where a judge ruled to allow the consideration of race in admissions.
As the legal challenges unfold, the future of affirmative action in military academies remains uncertain, and the case will likely set important precedents for race-conscious policies in the U.S. military.
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