- Lauren Reyna Morales
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Affirmative Action: Supreme Court Hands Military Recruiting a Gift
From Draft NOtices, October-December 2023
— Lauren Reyna Morales
The 6-3 conservative majority U.S. Supreme Court has delivered another catastrophic decision. On June 29, 2023, in the Students for Fair Admissions v. Harvard case, the Court ruled that the race-conscious admission programs of Harvard University and the University of North Carolina violated the Equal Protection Clause of the 14th Amendment. In an instant, the court ended nearly fifty years of affirmative action, “declaring that race cannot be a factor” (Associated Press) in procuring diversity in higher education settings because it violates a bedrock constitutional law. Chief Justice John Roberts stated that for too long universities have “concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.” Roberts and the other conservative judges position justice as “color-blind” to willfully ignore the sociological truths that are a consequence of the United States’ woefully inequitable past and present. Ending affirmative action will certainly result in reducing access to higher education for countless Black and brown students.
Roberts’ decision to kill race-based considerations for college admissions included an insidious caveat to continue the practice for U.S. military academies. The rationale offered to support this exemption is that military colleges and services academies have more “potentially distinct interests” (The Nation) than traditional universities and that continuing race-conscious admissions for these institutions is integral to maintaining national security. In other words, the Court ruled that actively promoting racial diversity is valuable to maintaining the U.S. military but not within academia and society itself. It is glaringly obvious that this caveat is another manipulative tactic to divert Black and brown youth from a path of their own choosing and into the armed forces (all military academy graduates are required to serve for at least five years upon graduating). Justice Ketanji Brown Jackson blasted this inconsistency in her dissenting opinion, explaining that the Court has “come to rest on the bottom-line conclusion that racial diversity in higher education is only worth potentially preserving insofar as it might be needed to prepare Black Americans and other underrepresented minorities for success in the bunker, not the boardroom” (The Nation).








