Race-based affirmative action is unconstitutional at public and private universities in the United States, the United States Supreme Court decided in a ruling issued Thursday. But that ruling won't affect military service academies — at least, not yet.
In a 6-3 decision along ideological lines favoring conservative justices, the Supreme Court rejected the long-held premise that race could be used as a consideration during the college admissions process. Race-based policies, collectively often called “affirmative action,” have been in place in some form since the 1960s. The majority opinion argued that the policies violated key components of the constitution, including the 14th Amendment that outlines “equal protection” under the law.
However, the Court specifically exempted the military academies from its decision on race-based affirmative action. The majority opinion, written by Chief Justice John Roberts, said in a footnote that this policy would not impact how military service academies approached admissions, citing “distinct interests” those institutions have.
“The special nature of military academies and their interests was addressed in an important amicus brief filed in Grutter v. Bollinger almost 20 years ago,” said Lawrence Friedman, JD, professor of law at New England Law Boston. “The Supreme Court's decision tacitly acknowledges that.”
The Supreme Court's decision allows the academies to continue race-conscious…
