Judge Rules Naval Academy Can Use Race In Admissions Process

December 9, 2024

US Senior District Judge Richard Bennett ruled that the Naval Academy ‘established a compelling national security interest’ in its use of race as a factor in its admissions process

As BLACK ENTERPRISE previously reported, a civil suit brought by a conservative legal group threatened to upend the use of race as part of the admissions process of the United States Naval Academy. In a ruling on Dec. 6, the practice was upheld by a federal judge.

According to CNN, US Senior District Judge Richard Bennett, an appointee of George W. Bush, ruled that the Naval Academy “established a compelling national security interest” in its use of race as a factor in its admissions process.

Breaking news: U.S. Senior District Judge Richard Bennett has ruled in favor of the U.S. Naval Academy’s race-conscious admission policies, affirming their alignment with the Supreme Court’s exemption for military academies. https://t.co/DVabDQscFq @highereddive #collegeadmission

— Natl Association for College Admission Counseling (@NACAC) December 6, 2024

However, the ruling also established that the executive branch dictates decisions about how the school uses race in its admissions process, that is, the President of the United States.

As the inauguration of President-elect Donald Trump draws near, speculation abounds that this ruling will be tested, as he has been hostile to diversity and inclusion.

In addition to Trump, Pete Hegseth, his pick to run the Pentagon, has also expressed his disdain for diversity in the military.

“Woke sh*t has got to go. Either you’re in for warfighting, and that’s it, that’s the only litmus test we care about,” Hegseth said on a podcast discussing diversity in the military. “You’ve got to get DEI (diversity, equity and inclusion) and CRT (critical race theory) out of military academies, so you’re not training young officers to be baptized in this type of thinking.”

According to Judge Bennett’s ruling, the history of the military was a factor in his decision.

“At bottom, the Court, considering all evidence before it, finds that the military’s interest in growing and maintaining a highly qualified and diverse officer corps is informed by history and learned experience and that a highly qualified and diverse officer corps remains critical for military effectiveness and thus for national security. Plaintiff’s suggestion to the contrary contradicts decades of broad historical and military consensus,” Bennett wrote.

Leah Watson, a senior staff attorney with the ACLU’s Racial Justice Program, applauded the decision in a press release from the American Civil Liberties Union.

“We are encouraged by today’s ruling, which recognizes the importance of diversity in shaping leaders who can effectively respond to the complex global challenges our nation faces,” Watson said. “Today’s decision also unequivocally rejects the attempt by Ed Blum’s SFFA to apply the Harvard University and University of North Carolina at Chapel Hill decision beyond their fact-specific context. Under justified circumstances, the law has –- and still does -– allow for the consideration of race to protect equal opportunity.”

The door for the Students for Fair Admissions to bring the case was opened by the 2023 Supreme Court ruling that established that using affirmative action as part of the admissions process of universities was unconstitutional, except in the case of military academies.

The group challenged this exception, based in part on a footnote provided by Chief Justice John Roberts, which said that the cases the court heard did “not address the issue” and said there were “potentially distinct interests that military academies may present” in a future case.

In his decision, Bennett also referred to this footnote, writing that the “record in this case demonstrates the wisdom of that caution.”

Bennett continued, “Defendants have proven that the Naval Academy’s limited use of race in admissions has increased the racial diversity of the Navy and Marine Corps, which has enhanced national security by improving the Navy and Marine Corps’ unit cohesion and lethality, recruitment and retention, and domestic and international legitimacy.”

Meanwhile, the Students for Fair Admissions have indicated that they plan to appeal the ruling and will take the case before the Supreme Court if necessary.

Per a statement from Edward Blum, the conservative legal activist who is the president of Students for Fair Admissions, “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.”

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