Lawsuit Filed Against West Point Over Affirmative Action Policy

14:12 19.09.2023

In a move that could have significant implications for the nation's military academies, the group Students for Fair Admissions has filed a lawsuit against the U.S. Military Academy at West Point. This group was responsible for the recent Supreme Court victory against affirmative action in college admissions, which resulted in the striking down of race-conscious admissions at Harvard University and the University of North Carolina.

The lawsuit argues that the court's ruling should extend to the military academies as well, as they too consider race as a factor in their admissions process. While the Supreme Court specifically excluded the military academies from its decision on affirmative action, a footnote in the majority opinion left room for potential litigation.

"For most of its history, West Point has evaluated cadets based on merit and achievement," the complaint states. However, Students for Fair Admissions alleges that in recent decades, West Point has shifted its focus to prioritize race over objective metrics and leadership potential. The group contends that these practices violate the Fifth Amendment's equal protection principle, which it argues is as strict as the Equal Protection Clause that binds the states.

If the lawsuit is successful, it would likely affect the other service academies, including the Naval Academy and the Air Force Academy. This legal challenge reopens the longstanding debate over whether national security depends on the military academies using racial preferences to develop a diverse officer corps that reflects the demographic composition of the enlisted troops and the wider population.

Supporters of affirmative action argue that a diverse officer corps is crucial for national security. They point to historical examples such as the Vietnam War, where the low percentage of African American officers led to low morale and heightened racial tension within the ranks. However, Students for Fair Admissions contends that these circumstances no longer apply, noting that racial diversity in the military has significantly increased since the Vietnam War.

The recent Supreme Court decision serves as a roadmap for the complaint, which accuses West Point of racial stereotyping and lacking a meaningful endpoint for its affirmative action programs, just as Harvard and North Carolina were faulted for in the court's ruling. The Biden administration, in an amicus brief supporting Harvard and North Carolina, stated that 19 percent of officers in all branches of the U.S. military come from the service academies. However, there is an imbalance in terms of racial representation, with white service members accounting for a higher percentage of officers compared to the enlisted force, while Black service members are underrepresented among officers.

The complaint also challenges the notion that achieving parity between the officer corps and the enlisted force is a necessary goal. It argues that such a goal perpetuates crude and infantilizing stereotypes and that claims of fostering trust between officers and troops based on racial parity are unfounded.

The lawsuit against West Point raises significant questions about the future of race-conscious admissions in the nation's military academies. As this legal battle unfolds, the outcome will undoubtedly shape the composition and diversity of the future officer corps and have broader implications for the ongoing debate on affirmative action in higher education.

/ Tuesday, September 19, 2023, 2:12 PM /

themes:  Military  War  North Carolina

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