Are affirmative action policies still legal in admissions to military academies?

The U.S. Supreme Court’s June 29, 2023, ruling striking down affirmative action in college admissions includes a footnote that exempts military academies.

Alluding to the federal government’s support of affirmative action in the academies, the footnote says:

“The United States as amicus curiae contends that race-based admissions programs further compelling interests at our Nation’s military academies. No military academy is a party to these cases, however, and none of the courts below addressed the propriety of race-based admissions systems in that context. This opinion also does not address the issue, in light of the potentially distinct interests that military academies may present.”

The 6-3 decision said affirmative action polices in college admissions violate the 14th Amendment's Equal Protection Clause. The clause prohibits racial discrimination by government entities.

The ruling said a student “must be treated based on his or her experiences as an individual — not on the basis of race.”