(DOJ Press Release) The Justice Department announced the settlement of litigation challenging former race-based admissions practices at the U.S. Military Academy at West Point and the U.S. Air Force Academy.
The settlement results in dismissal of two lawsuits brought by plaintiff Students for Fair Admissions Inc. The lawsuits challenged race-based admissions at the two military academies as unconstitutional under the Fifth Amendment.
“This Department is committed to eliminating DEI practices 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 West Point and the Air Force Academy — admission to these prestigious military institutions should be based exclusively on merit.”
“America is the land of equal opportunity, in spirit and in law,” said U.S. Attorney Jay Clayton for the Southern District of New York. “Today’s agreement ensures that our future military leaders will carry on the greatness that is born of opportunity, effort, and a level playing field.”
The Department’s agreement with Students for Fair Admissions avoids the need for continued litigation in these two cases. It includes agreed-upon terms that help ensure that admission to these prestigious institutions is based exclusively on merit, not race or ethnicity.
Earlier this year, the Department resolved similar litigation in the U.S. Court of Appeals for the Fourth Circuit regarding the U.S. Naval Academy’s former race-based admissions practices.
Combatting unlawful discrimination is a top priority of the Justice Department’s Civil Division. Additional information about the Civil Division is available at www.justice.gov/civil.
(SFFA Press Release)
tudents for Fair Admissions (SFFA) announced that it has reached a landmark settlement agreement with the U.S. Department of Justice on behalf of the Department of Defense that will permanently end the consideration of race and ethnicity in admissions at the United States Military Academy at West Point and the United States Air Force Academy.
The agreement is attached.
Under the terms of the agreement, both academies will:
- Apply no consideration of race or ethnicity in admissions;
- Maintain no race-based goals or quotas;
- Shield race and ethnicity information from admissions decision makers;
- Train admissions personnel to adhere to strict merit-only standards.
These policies, which were approved at the highest levels of the Department of Defense, will be permanent and apply to all future admissions cycles.
This settlement follows SFFA’s earlier litigation against the U.S. Naval Academy, in which the Biden administration had defended the use of race in admissions.
However, earlier this year, under President Trump’s Executive Order 14185, the Department of Defense determined that race-based admissions at military academies are not justified by military necessity and do not advance national security, cohesion, or readiness.
In that case, the Department formally abandoned the position that a “compelling national security interest in a diverse officer corps” justified race-based policies.
The litigation against West Point and the Air Force Academy will be dismissed with prejudice, with each side bearing its own costs. The settlement preserves SFFA’s right to challenge any future changes to these policies.
Edward Blum, president of SFFA, said,
“This is an historic day for the principle of equal treatment under the law at our nation’s military academies. Together with the Naval Academy case earlier this year, this agreement ensures that America’s critically important military service academies will admit future officers based solely on merit, not skin color or ancestry.”
Blum added, “SFFA is deeply grateful to the Department of Justice and the Department of Defense for working with us to resolve this matter in a way that strengthens our military, our nation and upholds the Constitution.”
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