Some constitutional scholars say the Supreme Court's exemption for military academies undercuts the argument for rejecting race-conscious admissions.
at colleges and universities exempts military service academies, an exception that dissenting justices consider inconsistent and that some constitutional scholars say undercuts the majority's argument.
The former military leaders asked the Supreme Court to consider how reversing the longstanding admissions policy would affect the military's ability"to serve our nation's security interests." "By contrast, units that are diverse across all levels are more cohesive, collaborative, and effective," the brief continued.
Some legal experts appeared to agree with Sotomayor's assessment that Roberts' justification for the carveout —while he doesn't elaborate on it — appears flawed. Jessica Levinson, a CBS News contributor and Loyola Law School professor who teaches constitutional law, said it's"absolutely true" that many students who attend public colleges and private universities end up working in national security fields.
Still, F. Michael Higginbotham, a law professor at the University of Baltimore who focuses on constitutional law and race relations, thinks that the majority's exemption for military academies appears to undermine its own argument. Certainly, the federal government has some unique responsibilities, he said, but"the concerns of universities, especially in creating diversity, are the same.
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