The Biden administration is defending its policy of admissions to the military based on race. The U.S. Department of Justice (DOJ) urged a federal judge on Nov. 22 to dismiss a legal challenge in objection to the policy against the U.S. Military Academy at West Point.
The DOJ claims that Army diversity is an integral part of ensuring U.S. national security.
The Department argued that the military academy’s affirmative-action policies remain valid, despite a decision by the U.S. Supreme Court in June to strike down race-conscious admissions policies.
Similarly, as with educational facilities, the policies were put in place to boost enrolment of black, Hispanic, and other minority groups, it said.
The Supreme Court had ruled against the affirmative-action policies after Students for Fair Admissions (SFFA) filed a lawsuit in September, citing discrimination against white applicants and the violation of equal protection under the Fifth Amendment.
The group was founded by affirmative action opponent Edward Blum, and is aimed at eradicating college admissions based on race.
According to the Justice Department, the SFFA had no legal standing to sue over the policies. Furthermore, it claims that the group ignored what it referred to as critical differences between universities and military academies or establishments.
The DOJ argued that military academies like West Point implement race-conscious policies for the purpose of fostering diversity at higher ranks in the military.
This level of diversity is claimed by top U.S. military leaders to create a more effective and lethal force, attracting and retaining more talented individuals who are suited to these positions, and making the military seem more diverse to the public at home and abroad.
The DOJ filed the brief ahead of arguments slated for Dec. 21 on SFFA’s request for a preliminary injunction before U.S. District Judge Philip Halpern.
The Supreme Court’s ruling following the SFFA’s lawsuit did not, at the time, pertain to military establishments which, according to Chief Justice John Roberts, had potentially distinct interests.
In Wednesday’s brief, the DOJ further argued that due to the prestigious nature of West Point Academy, it serves as a vital pipeline to the officer corps, which could facilitate achieving what it referred to as a critical mission to securing as much racial diversity at higher ranks as among enlisted military personnel.
Black and Hispanic people currently make up around 20 percent of the Army’s active duty enlisted personnel, which is roughly proportionate to the percentage of U.S. citizens of black and Hispanic origin, but only about 10 percent of those at officer rank, according to the Justice Department.
White people currently constitute more than 50 percent of active duty service members in the Army, and around 70 percent of officers, the department added.
Despite the figure being roughly proportionate to that of the white population in the United States, the DOJ argued that the U.S. Army does not exhibit enough diversity.
Reuters contributed to this article.
