US federal appeals court declines to block West Point’s race-conscious admission policy News
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US federal appeals court declines to block West Point’s race-conscious admission policy

The US Court of Appeals for the Second Circuit declined to block a preliminary injunction on Monday, allowing the US Military Academy in West Point to continue to consider race as a factor for admission. This decision comes as the US Supreme Court considers the issue in a pending appeal brought by Students for Fair Admissions (SFFA).

In a one-page ruling, the court denied the injunction, finding it “unwarranted” as the issue is pending appeal to the Supreme Court. The preliminary injunction requested by SFFA would have prohibited West Point from using race as a consideration for admission while the suit is ongoing. Having no success thus far, the group has also brought the suit to the Supreme Court on its emergency docket, asking the justices to block West Point from using race as an admission consideration before the academy’s January 31 application deadline for the graduating class of 2028.

“West Point will label and sort thousands of applicants based on their skin color – including the class of 2028, which West Point will start choosing in earnest once the application deadline closes on January 31,” SFFA wrote in their application for appellate review to the justices.

SFFA, the same group behind the 2023 Supreme Court ruling that effectively barred race in admissions, finding it to be unconstitutional, has since sued West Point and the Naval Academy for their race-based exception, arguing a violation of the Equal Protection Clause in the US Constitution. In the 2023 decision, the Supreme Court ruled to effectively end race-based affirmative action at colleges and universities. However, the court did not expressly rule on its decision’s application to military service academies.

“Though SFFA appreciates that injunctions are extraordinary, they are necessary when the government refuses to stop facially illegal, rapidly approaching, intentional discrimination,” the group went on to write in their application, acknowledging that injunctions by the court are offered in rare circumstances.

SFFA has asked the justices to act on their request before West Point’s application deadline. The court ordered West Point to respond by Tuesday.

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