A federal judge in Maryland appointed by George W. Bush upheld the Naval Academy's race-based admissions program on Friday, dashing the hopes of an anti-affirmative action group that successfully challenged at the Supreme Court such practices at civilian schools.
Students for Fair Admissions sued the Naval Academy in October 2023 after the Supreme Court ruled in a 6-3 decision in June 2023 that Harvard University and the University of North Carolina's affirmative action programs violated the Equal Protection Clause of the 14th Amendment.
But in Chief Justice John Roberts' majority opinion, the decision did not address the propriety of race-based admissions systems at the nation's military academies "in light of the potentially distinct interests that military academies may present."
In a 179-page ruling, U.S. Senior District Judge Richard Bennett wrote that "after an intense period of pre-trial discovery, exhaustive legal briefing, excellent legal advocacy by counsel for both parties, and a nine-day bench trial" the effort by Students for Fair Admissions "has FAILED."
"The program survives strict scrutiny because the Naval Academy has established a compelling national security interest in a diverse officer corps in the Navy and Marine Corps," Bennett wrote. "Specifically, the Academy has tied its use of race to the realization of an officer corps that represents the country it protects and the people it leads.
"The Academy has proven that this national security interest is indeed measurable and that its admissions program is narrowly tailored to meet that interest. Quite simply, this Court defers to the executive branch with respect to military personnel decisions."
Students for Fair Admissions said Friday it was disappointed in the ruling and that it would appeal it to the Supreme Court, if necessary.
"It is our hope that the U.S. military academies ultimately will be compelled to follow the Supreme Court's prohibition of race in college admissions," said Edward Blum, president of Students for Fair Admissions and a conservative legal strategist, according to multiple media outlets.
Students for Fair Admissions also has challenged the race-based admissions program at the U.S. Military Academy at West Point.
In February, the Supreme Court declined the group's request to temporarily block the school from considering race in its admissions process, SCOTUSblog reported. The case was returned to the lower courts, and and the school will be able to use its existing admissions policy while litigation goes forward.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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