For the time being, the Supreme Court allows West Point to continue incorporating race in its admissions process.

The Supreme Court, in an unsigned order on Friday, dismissed an emergency request aiming to prohibit the consideration of race in admissions at the U.S. Military Academy at West Point. This decision allows the institution to maintain the historical practice as it proceeds with admissions decisions for the 2024-2025 school year.

Key points from the development include:

• The court deemed the challenge from Students for Fair Admissions, an anti-affirmative action group, as underdeveloped.
• The order emphasized that it should not be interpreted as expressing any stance on the constitutional question’s merits and listed no dissents.
• Students for Fair Admissions, known for its role in ending affirmative action in college admissions (excluding military academies) last year, submitted the emergency request on January 26, just five days before West Point’s application deadline. However, Solicitor General Elizabeth Prelogar revealed that the school had already extended hundreds of offers by that time.
• Prelogar argued that a lack of diversity in leadership could impede the Army’s effectiveness in warfare, citing historical instances of racial tension within the military and allegations of minority soldiers being used as “cannon fodder” by white officers during the Vietnam War.
• Edward Blum, the founder of Students for Fair Admissions, expressed his disappointment with the prospect of future West Point applicants having their race considered as a determining factor in the admission or rejection process, as reported by Forbes.

A significant quote from the development came from an advocate for Students for Fair Admissions, who expressed concern about the prolonged legal process affecting the classification of individuals based on their skin color rather than their abilities.

Background information notes that Chief Justice John Roberts, in a 6-3 decision to eliminate affirmative action in college admissions, exempted military academies through a footnote. Roberts acknowledged the “distinct interests” of military academies that differed from traditional colleges and universities. Despite this exemption, Students for Fair Admissions pursued legal action against the use of race in admissions at military academies, including West Point and the U.S. Naval Academy. A federal judge denied a preliminary injunction request in December, citing a lack of evidence proving discriminatory practices in the Naval Academy’s admissions decisions.