The recent Supreme Court ruling declared college admission policies considering race and ethnicity as factors unconstitutional.

While this appears to be a clear victory for opponents of affirmative action, the group responsible for undermining race-conscious admissions policies has identified a potential loophole – the military academies. Their focus is now on West Point.

The United States Military Academy, known as West Point, is facing a lawsuit over its race-conscious admissions policies. Unlike most colleges and universities, West Point remained largely unaffected by the Supreme Court’s significant decision. Chief Justice John Roberts authored the majority opinion that prohibited race-based college admissions. Notably, the opinion included a footnote explicitly exempting the nation’s four military academies from the ruling.

“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,” Justice Roberts said in the footnote.

In the lawsuit, the same group that laid the groundwork for the broader decision this summer, Students for Fair Admissions (SFFA), is taking action. Edward Blum, the president of SFFA, argues that the nation’s military institutions should be subject to the same laws as other educational institutions.

“Over the years, courts have been mindful of the military’s unique role in our nation’s life and the distinctive considerations that come with it. However, no level of deference justifies these polarizing and disliked racial classifications and preferences in admissions to West Point or any of our service academies,” said Blum. “Because the U.S. Supreme Court’s recent opinion in the SFFA cases expressly forbids all institutions of higher education from using race in admissions decisions, it must follow that the U.S. military higher education institutions must end their race-based policies as well.”

Supporters of race-conscious admissions policies maintain that a diverse student body is essential for preparing students for a multicultural world. They argue that such policies also serve as a counterbalance against practices like legacy admissions. While SFFA has expressed opposition to legacy admissions on its website, it has not yet filed lawsuits against this practice.

West Point has not commented on the case, but U.S. Solicitor General Elizabeth B. Prelogar, representing the federal government in the previous case, emphasized that diversity in the officer corps is “critical” to readiness.

Although only West Point is currently facing the lawsuit, any decision is likely to have implications for the other military academies.