A federal judge ruled Wednesday that the U.S. Military Academy in West Point, New York, can continue its affirmative action policies, denying a request to block it.
In his decision, Judge Philip M. Halpern of the United States District Court for the Southern District of New York rejected a group's request for a preliminary injunction to halt West Point's ability to factor in race to its admissions process.
Students for Fair Admissions, which won two challenges to the Supreme Court in June against affirmative action at public and private universities, is heading the legal effort.
The lawsuit, filed in September, came about due to Chief Justice John Roberts writing in the paired case's majority opinion that military academies, due to "potentially distinct interests," were excluded from the ruling.
SFFA founder Edward Blum, a prominent conservative attorney, said his group was "reviewing the opinion and will be taking the next steps to stop the unfair and unconstitutional racial preferences at West Point."
Judge Richard D. Bennett of the federal District Court in Maryland rejected a similar request by the SFFA last month to prevent the U.S. Naval Academy in Annapolis from considering race in admissions.
"There have always been racial tensions in the military," Bennett said at the time. "They have lessened, but they are still there."
White people constitute 51.7% of the Army's active duty enlisted corps and 68% of its officers. Black people, meanwhile, make up 20.2% of the Army's active-duty personnel but only 11% of officers.
Information from Reuters was used in this report.