West Point Can Continue Race-Based Admissions for Now, Supreme Court Rules

Military academies were excluded from a prior decision striking down affirmative action.

WEST POINT, NEW YORK - MAY 27: Cadets walk into Michie Stadium during West Point's graduation ceremony on May 27, 2023 in West Point, New York. Vice President Kamala Harris will deliver the keynote speech at the ceremony, becoming the first woman to give a commencement address in the military academy's 221-year history. Photo by Spencer Platt/Getty Images

The Supreme Court allowed the U.S. Military Academy at West Point to continue considering race in admissions on Feb. 2 when it declined an injunction request from a nonprofit that opposes affirmative action.

“The record before this Court is underdeveloped, and this order should not be construed as expressing any view on the merits of the constitutional question,” the order reads. Its language indicated that the court could still consider the merits at a later date.