Bennett was reportedly combative with the attorneys representing SFFA and called an injunction an “extraordinary remedy,” according to Politico. The judge also noted that he would issue written opinion based on the merits next week, saying that while the Supreme Court’s ruling in the Harvard and UNC cases was “transformative,” it was “not an absolute cookie cutter.”
Legal/Law/Criminal Justice and Reform
Judge Declines To Block Race-Based Admissions At US Naval Academy
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A federal judge ruled Thursday against an injunction that would have temporarily halted the Naval Academy’s race-based admissions policies, according to Reuters.
Students for Fair Admissions (SFFA) filed a lawsuit against West Point in September and launched a second against the Naval Academy in October after winning two cases involving Harvard University and the University of North Carolina on the same issue at the Supreme Court in June. U.S. District Judge Richard Bennett, however, ruled against SFFA’s request for an injunction, claiming that he felt the group had not proven the military’s use of race-based admissions for its academies was discriminatory, according to Reuters.
“This case will stop dead under the water,” Bennett said in his ruling from the bench, Politico reported.
Bennett, who also served for over two decades in the U.S. Army Reserve and the Maryland National Guard, further explained that his decision was not based on the merits of the case, according to Politico. He said that there have “always been racial tensions in the military,” noting that “they have lessened, but they are still there,” Reuters reported.
SFFA is arguing in its lawsuit that the military academy’s race-based admissions policies violate the Fifth Amendment’s equal protection clause.
“America’s enemies do not fight differently based on the race of the commanding officer opposing them,” SFFA wrote.“Sailors must follow orders without regard to the skin color of those giving them and battlefield realities apply equally to all sailors regardless of race, ethnicity or national origin.”
SFFA’s attorney told Reuters that an appeal was being discussed. Edward Blum, president of SFFA, told the Daily Caller News Foundation that “SFFA is exploring our legal options in light of the court’s opinion.”
The Naval Academy did not immediately respond to the DCNF’s request for comment.
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