Judge Says US Naval Academy Can Consider Race During Admission Process

In a landmark decision that has sent ripples through the military and academic communities, a federal judge has upheld the U.S. Naval Academy’s right to consider race in its admissions process. This ruling, which came down on Friday, December 6, 2024, is in harsh contrast to the Supreme Court’s decision last year that effectively ended affirmative action in civilian college admissions.

The Ruling and Its Implications

U.S. Senior District Judge Richard Bennett, in a comprehensive 179-page decision, affirmed that the Naval Academy has “established a compelling national security interest in a diverse officer corps” for the U.S. Navy and Marine Corps.

Bennett, who served over 20 years in the U.S. Army Reserve and Maryland National Guard, emphasized that the academy’s use of race in admissions is directly tied to “the realization of an officer corps that represents the country it protects and the people it leads.“

The judge’s ruling hinges on the unique position of military academies in our national security apparatus. Unlike civilian universities, these institutions are tasked with producing leaders who will command our armed forces and represent our nation on the global stage. Bennett noted that the Naval Academy has proven that its national security interest is measurable and that its admissions program is narrowly tailored to meet that interest.

The Challenge and the Challenger

This case was brought by Students for Fair Admissions, the same group that successfully challenged affirmative action policies at Harvard and the University of North Carolina, leading to the Supreme Court’s landmark ruling last year.

The group argued that prioritizing minority candidates is unfair to qualified white applicants and that cohesion should arise from other factors, such as training and command structure. 

However, Judge Bennett rejected these arguments, finding that the Naval Academy’s admissions policies mandate that race be taken into consideration only in limited circumstances. In each of those instances, race is “nondeterminative” and is one of several factors used to assess an applicant’s potential as a midshipman and eventual officer.

The Military Perspective

As a veteran myself and former cadet, I know without a doubt that other cadets (at least the ones I trained with anyway) would not want to be included in those ranks because of the color of their skin or their ethnic heritage. They took enormous pride in the fact that they were selected because of their merits and potential to successfully serve their country. In the cadet corps, race didn’t matter…it was about as important as your shoe size or whether you were right or left-handed. 

The Naval Academy’s attorneys argued during the trial that prioritizing diversity in the military makes it stronger, more effective, and more widely respected. This comes off as feel-good rhetoric, not a strategic consideration that has real-world implications for our national security.

The Broader Context

This ruling doesn’t exist in a vacuum. It comes at a time when our military is grappling with issues of representation and inclusion. Perhaps the Navy, in particular, is focusing on addressing historical imbalances in its officer corps. As of 2020, only about 8% of naval officers were Black, compared to 13% of the U.S. population. Why is that? Good question. I’m sure the answer is complex and has little, if anything, to do with discrimination. 

The decision also highlights the unique status of military academies in the broader debate over affirmative action. When the Supreme Court struck down race-conscious admissions policies at civilian universities, it specifically carved out a potential exemption for military academies, citing national security interests. 

Looking Ahead

While this ruling is viewed by some as a victory for the Naval Academy, it’s unlikely to be the end of the story. Edward Blum, president of Students for Fair Admissions, has already announced the group’s intention to appeal. “It is our hope that the U.S. military academies ultimately will be compelled to follow the Supreme Court’s prohibition of race in college admissions,” Blum stated.

The case could potentially make its way to the Supreme Court, setting up another high-stakes battle over the consideration of race in admissions. However, given the court’s previous acknowledgment of the unique position of military academies, it’s unclear how such a challenge would fare.

The Bottom Line

As someone who has served, I understand the complexities of this issue. We want a system that’s fair to all applicants. We need a military that is composed of the most qualified men and women out there. Judge Bennett’s ruling seems to attempt to strike some sort of misguided balance. It’s not all black and white (no pun intended). As he noted, the academy has implemented “extensive race-neutral factors” in its admissions policies, such as socioeconomic factors and whether an applicant has faced adversity. 

In the end, this decision deals a blow to the unique role of our military academies and the complex considerations that go into shaping the future leadership of our armed forces. Many factors should be taken into consideration. Race is not one of them. Candidates should be chosen based on factors that determine their likelihood of becoming effective officers. 

As we move forward, it will be crucial to continue this conversation, ensuring that our military remains both fair in its practices and effective in its mission to protect our nation.