NYCLA Officers’ Statement: NYCLA is Pleased to Note the Diversity Decision in the Naval Academy Case

NYCLA is pleased to note the District Court’s December 6 decision in the Naval Academy admissions case, which upheld the Academy’s admissions criteria that include consideration of an applicant’s race, without being a rigid quota.  The decision, 179 pages in length, comprehensively rejected the contentions made by Students for Fair Admissions, which was also the plaintiff in the Harvard/UNC affirmative action case that the Supreme Court decided two years ago.  Civ. RDB-23-2699 (D. Md., Hon. Richard D. Bennett, J.).  The Court found that the Naval Academy had satisfied the strict scrutiny standard, pointing out among other things the military’s strong interest in maintaining discipline and unit cohesion which could be threatened if a predominantly white officers corps supervised a far more diverse body of enlisted personnel, as the record showed had happened unfortunately often in the past.  The decision also pointed out that judges and executive branch personnel have customarily given deference to the judgment of military leaders in setting their policies.

In his opinion in the Harvard/UNC case, Chief Judge Roberts specifically called out a possible affirmative action exception for the military academies based on precisely those concerns.  At NYCLA we convened a bar leader summit following that decision, and called for continued diversity in the judiciary, based on similar rationales, and noting the analogy from Chief Judge Roberts’ language about diversity in the military to diversity in the judiciary as well. While military discipline may not be directly impacted by judicial diversity, public confidence in the judiciary may very well be.  We are pleased that at least one of these important diversity principles has now been formally recognized. 

We are obviously cognizant that this victory may prove to be short-lived.  Students for Fair Admissions has announced an intention to appeal.  They also commenced a similar litigation against the Air Force Academy shortly after the Naval Academy decision came down.  The incoming Trump Administration is likely to cause the Naval Academy’s admissions policy to change, which could make any appeal moot.

In the meantime, we take some satisfaction from Judge Bennett’s decision, which will stand as a marker that a strong case for the importance of diversity can be made and can’t always simply be denigrated and dismissed as “woke.” 

About the New York County Lawyers Association

The New York County Lawyers Association (nycla.org) was founded in 1908 as one of the first major bar associations in the country that admitted members without regard to race, ethnicity, religion, or gender. Since its inception, it has pioneered some of the most far-reaching and tangible reforms in American jurisprudence and has continuously played an active role in legal developments and public policy.

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