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The Biden administration’s Department of Justice (DOJ) has reignited the contentious debate over racial preferences in admissions, this time in military service academies. Despite the Supreme Court’s landmark 2023 decision in SFFA v. Harvard and UNC, which declared racial discrimination in college admissions unconstitutional, the DOJ has found new ways to defend these divisive policies in military institutions. Critics are calling it a dangerous precedent and a blatant disregard for constitutional principles.

In the Harvard case, the Supreme Court rejected the argument that the educational benefits of a racially diverse student body justify racial discrimination in admissions. Chief Justice John Roberts, writing for the majority, dismissed such claims as “imponderable” and incapable of meeting the constitutional demand for strict scrutiny.

However, the Biden administration wasn’t ready to let the matter rest. Solicitor General Elizabeth Prelogar, representing the United States in the Harvard case, argued that racial diversity in military academies is a “national security imperative.” She claimed that diverse officer corps improve military readiness and cohesion, echoing similar arguments made during the Vietnam era. The court summarily rejected these claims, stating they lacked measurable evidence or meaningful connections to the goals they purported to achieve.

Fast forward to SFFA v. USNA, a case challenging the constitutionality of the Naval Academy’s use of racial preferences in admissions. With their previous arguments dismantled, the DOJ devised a new strategy. This time, they claimed that racial preferences create a diverse officer corps, which enhances unit cohesion, combat effectiveness, recruitment, retention, and legitimacy at home and abroad.

This revamped justification, however, recycled the same historical anecdotes about racial tensions during the Vietnam era. Critics argue that it amounts to little more than lawyer-crafted rhetoric designed to obscure the reality: these policies are driven by political preferences, not military necessity.

Judge Richard Bennett of the U.S. District Court for the District of Maryland accepted the DOJ’s argument without applying strict scrutiny. Instead of critically evaluating whether a specific racial mix genuinely enhances combat lethality or military readiness, the court deferred to the judgment of military leaders who simply reiterated the DOJ’s talking points.

Clever lawyering and professional military judgment won the day, but at what cost? Many believe this decision undermines constitutional equal protection principles by allowing subjective and ideologically driven policies to prevail over objective scrutiny.

Critics assert that the admirals and generals didn’t instruct service academies to adopt racial preferences because they believed it would improve combat effectiveness. Instead, they argue it’s a reflection of political pressures from their civilian superiors. By masking this policy preference as a military necessity, the DOJ and military leadership have blurred the line between constitutional governance and ideological expediency.

The Supreme Court’s rejection of racial preferences in the Harvard case explicitly warned against arbitrary and imprecise racial classifications. Yet, this new argument from the DOJ reintroduces the same problematic practices under a different guise.

Legal analysts anticipate that the Naval Academy case will likely face appeals. If the incoming Trump administration follows through on promises to eliminate racial preferences in military academies, the case could become moot. A presidential order could put an end to these practices, potentially leading to Judge Bennett’s ruling being vacated.

Congress could also weigh in, as some lawmakers have suggested codifying a prohibition against racial preferences in the next National Defense Authorization Act. Such a move would prevent future administrations from reviving these contentious policies.

This case underscores a disturbing trend in modern governance: the manipulation of constitutional principles for ideological ends. The DOJ’s shifting justifications reveal a willingness to stretch legal arguments to fit political goals, regardless of the broader consequences for equal protection under the law.

The Supreme Court’s decision in SFFA v. Harvard and UNC was a resounding defense of the constitutional promise of equal treatment. Yet, the Biden administration’s persistence in finding new ways to justify racial preferences suggests that this battle is far from over.

For those who believe in the rule of law, the Naval Academy case serves as a critical test of whether constitutional principles will prevail over creative legal arguments. As the nation watches, the outcome will have far-reaching implications—not just for military admissions but for the broader fight against racial discrimination in all its forms.

Whether through judicial appeals, executive orders, or legislative action, the time has come to reaffirm that no justification—no matter how cleverly crafted—can override the fundamental guarantees of equal protection under the Constitution. This is a moment to choose the rule of law over rhetoric, ensuring that American ideals of fairness and equality are upheld for generations to come.

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  • Once again I think there needs to be a reading of the Constitution mandatory in the Congress and the Senate along with the Pentagon!

  • I’m totally against Traitors; and the DOJ is loaded with them so it’s now time for them to be held accountable and be sent to GITMO!

  • Garland is like others in that alphabet agency an atheistic communist which flies in the face of the US Constitution and America’s foundational tenets; yet nothing is done about it! So my question is what is Congress really all about, and who is really running America?
    POWER!

  • Biden your a scumbag racism is against anyone different than you are. You really have a diaper full of your brains. Dumbest president in history ever to destroy America and Americans lives.
    History will remember you as the most incompetent person ever to destroy the American country

  • Let us never forget all of this evil perpetrated while the most disgusting excuse for a human being has been “the installed” not truly elected potus, “America’s Own Man of Perdition” the same “creeping crawling creature of a person” if there ever was one who proudly stated during his first 100 days in office, that he appropriated 468 $Billion by executive order the largest sum ever in America some 20 times the amount that other demonic bastard Obama appropriated for the same use; to be exclusively used for abortion of “human babies” all the way up to “Full Term and Day of Delivery!”
    If that isn’t a clear mockery of God Himself and a totally satanic proclamation from a so called president, then nothing makes any sense at all!

    Galatians 6:6-8 “Nevertheless, the one who receives instruction in the word must share in all good things with his instructor. 7Do not be deceived: God is not to be mocked. Whatever a man sows, he will reap in return. 8The one who sows to please his flesh, from the flesh will reap destruction; but the one who sows to please the Spirit, from the Spirit will reap eternal life.”

    Luke 1:40-42 “where she entered the home of Zechariah and greeted Elizabeth. 41 When Elizabeth heard Mary’s greeting, the baby leaped in her womb, and Elizabeth was filled with the Holy Spirit. 42In a loud voice she exclaimed, “Blessed are you among women, and blessed is the fruit of your womb!”

    All those that push abortion are against God because he made it clear as day; that is a human BABY in a mother’s womb!
    Biden hung himself for sure and will receive eternal damnation; but all should wake up and see this as a cautionary tale of truth, that anyone who joins his ilk and does such a vulgar evil thing toward or to the innocent is equally doomed!

    2 Thessalonians 2:3 “Let no man deceive you by any means: for that day shall not come, except there come a falling away first and that man of sin “lawlessness” be revealed, the son of perdition.”

    Most if not all of our key political figures are immoral people with little to no conscience for doing what is right, because even guilt by association applies; and their allowing this ugly political mess to happen in the first place is a “Crime Against Humanity” and a Most Egregious Mortal Sin!

    Let’s cut to the chase and go get the guilty, charge them with every crime that’s applicable, then find them guilty as charged with the mountains of hard factual evidence; and march them off to their fate!

  • Biden Harris and democrats administration get the accomplishments of destroying America in less than 4 years.
    Nobody else could have destroyed better than democrats.
    It’s time to change Biden’s brain diapers. Worst administration in America’s history. History will remember democrats failures for ever. Bankrupting America in one term.