The U.S. Military Academy at West Point can continue to consider race for now when evaluating who to admit to the elite military school, a federal judge ruled on Wednesday, rejecting a bid by the group behind the successful U.S. Supreme Court challenge to race-conscious college admissions policies.
U.S. District Judge Philip Halpern, in White Plains, New York, rejected a request for a preliminary injunction sought by Students for Fair Admissions, which was founded by affirmative action opponent Edward Blum.
The judge, an appointee of former President Donald Trump, wrote that he could not at this early stage in the case rule in SFFA’s favor without a full factual record to establish whether the use of race in West Point’s admissions furthers compelling governmental interests.
Halpern said an injunction at this stage would also disrupt the current admissions cycle that is set to end Jan. 31, requiring “a new policy be applied to the current applicant pool midstream” and the withdrawal of offers to some applicants.
Blum in a statement said his group was “reviewing the opinion and will be taking the next steps to stop the unfair and unconstitutional racial preferences at West Point.” SFFA later on Wednesday filed an emergency notice of appeal.
A spokesperson with the U.S. Department of Justice, which was defending West Point’s admissions policy, declined to comment.
The ruling came after a federal judge in Maryland on Dec. 14 rejected a similar request by Blum’s group to prevent the U.S. Naval Academy at Annapolis from considering race.
Blum’s group had sued both military academies this year with the goal of ending what was essentially an exemption for them tucked into the Supreme Court’s ruling on college admissions in June that allowed them to continue to consider race in admissions.
In the ruling by its conservative majority, the U.S. Supreme Court rejected policies long used by American colleges and universities to increase the number of…
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