In a recent development, the Supreme Court has refrained from involving itself in the legal battle between the Students For Fair Admissions (SFFA) and West Point over the latter’s affirmative action policies. The news comes in the wake of the SFFA’s persistent efforts to dismantle affirmative action. Inside Higher Ed reported that the Supreme Court chose not to interfere at this time, marking a pause in SFFA’s journey.
The SFFA, known for its landmark victories against Harvard University and the University of North Carolina at Chapel Hill last year, had appealed for an emergency injunction to stop West Point from considering race in admissions while the lower court’s proceedings continue. The Supreme Court, however, declined the case, stating the “record before this Court is underdeveloped, and this order should not be construed as expressing any view on the merits of the constitutional question.”
Despite this setback, SFFA’s legal journey is not done, as the federal appeals case is yet to be concluded. The affirmative action defense from the military will hold particular curiosity, considering the history of military recruitment and the role of affirmative action policies. Practices like recruiting poverty-affected minorities, who view the military as an escape, have hinged on affirmative action. The elimination of these policies could imply either a weakened force or the reintroduction of conscription, a controversial solution.
West Point’s defense of affirmative action policies provides room for unique discussion points. For instance, there’s the historical perspective of how affirmative action allowed for the recruitment of the best pilots in World War II, which would be impossible if such policies were suspended. Alternatively, West Point could argue that a diverse chain of command lessens the chance of soldiers targeting their superiors.
Given these factors, it remains to be seen how this fight between SFFA and the military will shape up as the legal proceedings continue to unfold.