President Biden’s administration stands firm on defending the race-conscious admissions policy at West Point

The Biden administration has urged a federal judge to reject a legal challenge to the U.S. Military Academy at West Point’s consideration of race in admissions, arguing that Army diversity is “integral to ensuring national security.” The U.S. Department of Justice filed a brief asserting that West Point’s affirmative-action policies remain valid following the U.S. Supreme Court’s June decision striking down race-conscious admissions policies at colleges. This comes in response to a lawsuit filed by Students for Fair Admissions, a group founded by affirmative action opponent Edward Blum, alleging that the academy’s admissions practices discriminated against white applicants.

The Justice Department argued that the group had no legal standing to sue and emphasized “critical differences” between civilian universities and military academies like West Point, which use race in a “limited fashion to foster diversity in the Army officer corps.” The brief also highlighted the importance of a diverse officer corps, stating that “a more diverse officer corps makes a more effective force: more lethal, more likely to attract and retain top talent, and more legitimate in the eyes of the nation and the world.”

The lawsuit seeks to end an exemption in the Supreme Court ruling that allowed military academies to continue considering race as a factor in admitting cadets. The Justice Department emphasized the vital role of West Point as a pipeline to the officer corps and the importance of its race-conscious admissions practices in achieving diversity in the Army’s officer ranks. It noted disparities in the representation of minority groups among enlisted personnel and officers, emphasizing the need for a more diverse officer corps.

The brief was filed ahead of arguments scheduled for Dec. 21 on the request for a preliminary injunction before U.S. District Judge Philip Halpern. The Justice Department also pointed out the distinct interests of military academies in considering race in admissions, as recognized by the Supreme Court. The final footnote of the piece notes that the report was filed by Nate Raymond in Boston, and was edited by Gerry Doyle.

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