Frontpage Mag by
Racial discrimination is now illegal at Harvard, still legal in the Army.
One of the Biden administration’s big arguments for racially discriminating against white and Asian students in college admissions was the need for military diversity. More than half of the ‘national interest’ section in its amicus brief argued that the military “depends on a well-qualified and diverse officer corps” which requires that colleges select for diversity over merit.
“It is not possible to achieve that diversity without race-conscious admissions, including at the nation’s service academies,” Solicitor General Elizabeth Prelogar told the Supreme Court.
The Roberts decision in Students for Fair Admissions v. Harvard shot down affirmative action as a legal practice, but punted on the question of racial discrimination within the military and its service branch academies. A footnote briefly stated that, “no military academy is a party to these cases, however, and none of the courts below addressed the propriety of race-based admissions systems in that context. This opinion also does not address the issue, in light of the potentially distinct interests that military academies may present.”
The idea that racial discrimination should be illegal at colleges, but still legal at service branch academies like the Air Force Academy and the Naval Academy, is a loophole. Justice Sotomayor argued that the exception proves that “the Fourteenth Amendment does not categorically prohibit the use of race in college admissions.” And it’s hard to deny her reasoning. Either racially discriminating against students is legal or it’s illegal. National security can only go so far to justify an illegal practice especially when it’s a social element with an indirect effect…
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