Supreme Court Denies Emergency Injunction To Stop West Point Racial Discrimination In Admissions Pending Appeal
Far from a carveout, Harvard “does not address” the military academies because this Court didn’t know how they used race. 600 U.S. at 213 n.4. But the opinion says plenty about the law that governs them. The academies must satisfy real strict scrutiny: The lesson of Korematsu is that even the military must satisfy “‘the most rigid scrutiny’” when it racially classifies citizens, id. at 207 n.
For more than forty years, our Nation’s military leaders have determined that a diverse Army officer corps is a national-security imperative and that achieving that diversity requires limited consideration of race in selecting those who join the Army as cadets at the United States Military Academy at West Point.
This is a completely unobjectionable decision; the court said the record is underdeveloped, and it clearly is. Sure, it would have been nice if the court would have granted this extraordinary temporary relief, but it was always a long shot and this is the correct outcome at this stage. We don’t know what will happen at trial; either the DOD will come up with evidence to justify its position, or it will lose.
Again I’m no constitutional scholar like you but I suspect the Constitution does not protect racism regardless of how good an argument you make in its favour.claims that. Racism is certainly legal for private employers and constitutional for government employers when there is a compelling interest for which this is the most appropriate solution.
That’s without getting in to the negative impact promotion based on skin colours has on all black officers who will be tarred with the same “diversity hire” brush. In this case, caseoftheblues offered a comment that had no content at all, made no point, and was just mindless abuse of the justices. It didn’t offer any argument against the decision, it simply made a stupid and obviously false assertion about them; that offends me. I’m all about the arguments, if you make any; but if you don’t then there’s nothing to address.