Can the U.S. Naval Academy continue to use race and ethnicity in admissions decisions, even though the U.S. Supreme Court expressly forbade the use of race in college admissions last year in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. UNC?
I believe the clear answer is “no,” as I have argued in this article in the Georgetown University Journal of Law & Public Policy. The Supreme Court’s holding should apply to all the military service academies.
But that’s the issue that was litigated at trial before a federal district court judge in Baltimore this fall. That’s because the military service academies were not parties to the lawsuits against Harvard and the University of North Carolina, and not subject to the ruling from last year. So, it’s an open legal question.
This is the second of three opinion…
