US Appeals Court Upholds West Point’s Race-Conscious Admissions Policy, According to Reuters

By Nate Raymond

A federal appeals court recently ruled against blocking the U.S. Military Academy at West Point from using race as a factor in its admissions decisions, as the U.S. Supreme Court considers whether to intervene.

The 2nd U.S. Circuit Court of Appeals, based in New York, denied a request for an injunction from Students for Fair Admissions, the organization that successfully challenged race-conscious admissions policies in higher education. This group, founded by opponent of affirmative action Edward Blum, aimed to prevent West Point from factoring race into its admissions while appealing a federal judge’s January ruling that dismissed their request.

With the application deadline approaching on January 31, Students for Fair Admissions sought the Supreme Court’s intervention to block West Point’s admissions practices as they continue with their legal appeals. They made their request on Friday, before the 2nd Circuit had issued its decision. However, Blum’s group urged the 2nd Circuit to rule, indicating they would withdraw their Supreme Court appeal if favorable.

West Point is a renowned military academy in New York, responsible for training future U.S. Army officers. The U.S. Justice Department has maintained that West Point serves as an essential source for the officer corps, and its race-conscious admissions policies are crucial for achieving diversity among its leaders, mirroring the demographics of the enlisted military.

Blum chose not to comment on the recent ruling, referencing the ongoing Supreme Court appeal. The Biden administration has until Tuesday to respond to this appeal.

In September, Blum’s organization filed a lawsuit against West Point to end the exception that allows military academies to consider race in admissions, which was affirmed in a June 2023 Supreme Court ruling that struck down similar practices at other colleges. The Supreme Court, led by its conservative majority, invalidated the race-conscious admissions policies used by Harvard University and the University of North Carolina but did not address those applicable to military academies, noting they may have "potentially distinct interests."

Blum’s group accused West Point of discriminatory practices that disadvantage white applicants, claiming they violate the equal protection clause of the U.S. Constitution.

The Biden administration has argued that a lack of minority officers can foster distrust within the military. According to the Justice Department, while Black individuals represent 20.2% of the Army’s active duty enlisted personnel, they only make up 11% of officers. Hispanic individuals account for 18% of the enlisted force but just 9% of officers. Conversely, white individuals constitute 51.7% of active duty enlisted personnel and 68% of the officer cadre.