If you have any interest in the U.S. military you know we have been following the Naval Academy affirmative action trial and resulting appeal very closely.It all started after the stunning victory against race-based admissions in Students for Fair Admissions v. Harvard, which we covered extensively: Supreme Court: Harvard and UNC Affirmative Action “invalidated under the Equal Protection Clause of the Fourteenth Amendment”.The glaring loophole in that case was that the Court allowed race-based admissions at military service academies to continue. From Footnote 4 of the Court’s opinion:
The United States as amicus curiae contends that race-based admissions programs further compelling interests at our Nation’s military academies. 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.
So Students for Fair Admissions was forced to sue the U.S. Naval Academy, and West Point, which it promptly did.
Due to scheduling issues, the Naval Academy case was ready for a bench (non-jury) trial first, and after eight full days of testimony in the case, and more than two months of deliberation and opinion-writing by the Court, the federal District (trial-level) Court in Maryland ruled, in December 2024, that the Naval Academy could continue to consider race in admissions:
From Reuters: US judge upholds Naval Academy’s race-conscious admissions policies:
A federal judge on Friday ruled that the U.S. Naval Academy may continue to consider race when evaluating candidates to attend the elite military school, even after the U.S. Supreme Court last year barred civilian colleges from employing similar affirmative action policies.U.S. District Judge Richard Bennett in Baltimore rejected arguments by Students for Fair Admissions, a group founded by affirmative action opponent Edward Blum, that the Annapolis, Maryland-based Naval Academy’s race-conscious admissions program was unconstitutional.The decision marked a victory for outgoing Democratic President Joe Biden’s administration, which had argued that senior military leaders had long recognized that a scarcity of minority officers could create distrust within the armed forces, which were racially segregated until 1948.Blum in a statement said the group was disappointed by the ruling and planned to appeal, first to the 4th U.S. Circuit Court of Appeals and, if unsuccessful there, the U.S. Supreme Court.“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,” he said.A spokesperson for the Naval Academy, which trains officers for the Navy and the Marine Corps, said it was aware of the ruling and was reviewing it.
The ruling can be reviewed here[.]
Two things happened next. First, Students for Fair Admissions immediately appealed Judge Bennett’s ruling, and then, on January 20, 2025, President Donald Trump was sworn in as the 47th President of the United States.
Which caused this: Naval Academy Will No Longer Use Race in Admissions Decisions, So Legal Fight Put On Hold:
Reuters has the story: US Naval Academy ends race consideration in admissions:
In a policy reversal in line with President Donald Trump‘s views, the U.S. Naval Academy will no longer consider race as a factor in admissions as the elite military school had long done to raise its enrollment of Black, Hispanic and other minorities.The change was disclosed on Friday [March 28, 2025] in a Justice Department legal filing, in an appeal by a group opposed to such affirmative action policies that challenged the race-conscious admissions program at the Naval Academy, located in Annapolis, Maryland…Days after returning to office, Trump signed an executive order on January 27 that eliminated diversity, equity and inclusion programs in the military. Defense Secretary Pete Hegseth, who was appointed by the Republican president, two days later issued guidance barring the military from establishing “sex-based, race-based or ethnicity-based goals for organizational composition, academic admission or career fields.”In light of those directives, Naval Academy Superintendent Vice Admiral Yvette Davids issued guidance prohibiting the consideration of race, ethnicity or sex as a factor in its admissions process, the Justice Department filing said…
And now the U.S. Court of Appeals has granted the Government’s Motion to Stay briefing in the Students for Fair Admissions v. Naval Academy case, putting the case on hold while the parties figure out the most elegant and effective way to get rid of it.
In case you were wondering, too, the West Point case has also been stayed (for 90 days) to let the parties figure out what to do.
And now, in the Naval Academy appeal at least, the parties have indeed figured out what they want to do.
From a Monday, June 16, 2025 Department of Justice (who was defending the Naval Academy on appeal) press release: Justice Department Addresses Racial Discrimination in Lawsuit Challenging Race-Based Admissions at United States Naval Academy:
WASHINGTON – The Justice Department today announced a joint filing with the plaintiff challenging former race-based admissions practices at the U.S. Naval Academy to dismiss the lawsuit based on the federal government’s commitments to end those practices permanently. The lawsuit challenged race-based admissions at the Academy as unconstitutional under the Fifth Amendment.“This Department is committed to ending illegal discrimination and restoring merit-based opportunity throughout the federal government,” said Attorney General Pamela Bondi. “We are proud to partner with the Department of Defense to permanently end race-based admissions at the United States Naval Academy and ensure that admission to this prestigious institution is based exclusively on merit.”The joint filing in the U.S. Court of Appeals for the Fourth Circuit also asks that court to vacate the district court decision on appeal, which upheld race-based admissions, because the appeal has become moot. As explained in the filing, the “Naval Academy changed its admissions policy so that race and ethnicity are no longer considered in any way at any point” and those changes “are intended to be permanent.” And the policy “changes reflect the judgment of the United States—based on the military’s experience and expertise, and after reviewing the record in this case—that the consideration of race and ethnicity in admissions at the Naval Academy does not promote military cohesiveness, lethality, recruitment, retention, or legitimacy; national security; or any other governmental interest.”Combatting unlawful discrimination is a top priority of the Justice Department’s Civil Division.[emphasis added]
So not only is the appeal going to be dismissed, but hopefully the Fourth Circuit will agree that Judge Bennett’s trial-level decision should be vacated. I was a bit confused about this at first, but then I realized that Judge Bennett’s decision really wasn’t final – the Fourth Circuit (or the U.S. Supreme Court) could have reversed it at any point, so it is important to make sure that ruling doesn’t stay on the books and contaminate other, future court cases addressing this issue.
You can review the Joint Motion to Dismiss and Vacate here, and below.
Thank God this case is over. The West Point case is still stayed, hopefully it will meet the same end soon.
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