On May 27, 2023, at Michie Stadium in West Point, New York, U.S., cadets attended the 2023 graduation ceremony at the United States Military Academy (USMA). The Biden administration urged a federal judge to reject a legal challenge to West Point’s consideration of race in admissions, citing the integral role of Army diversity in ensuring national security. The U.S. Department of Justice argued that affirmative-action policies at West Point remain valid despite the U.S. Supreme Court’s June decision striking down race-conscious admissions policies at colleges. Students for Fair Admissions, a group founded by affirmative action opponent Edward Blum, had filed a lawsuit in which they alleged that the academy’s admissions practices discriminated against white applicants and violated the principle of equal protection. However, the Justice Department contended that there were “critical differences” between civilian universities and military academies like West Point, and that the latter uses race in a “limited fashion” to foster diversity in the Army officer corps. The group’s lawsuit sought to end an exemption that allowed military academies to consider race as a factor in admitting cadets. The Biden administration argued that, due to West Point’s role as a “vital pipeline to the officer corps,” its race-conscious admissions practices helped the Army achieve its “mission critical” goal of having officers as diverse as its enlisted military personnel. White people constitute 51.7% of the Army’s active duty enlisted corps and 68% of its officers, while Black and Hispanic officers are underrepresented, according to the Justice Department. The group, Students for Fair Admissions, is set to argue for a preliminary injunction on December 21, in front of U.S. District Judge Philip Halpern, an appointee of former President Donald Trump.
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