Military academies will likely face legal challenges for their use of affirmative action following Thursday’s landmark Supreme Court ruling that barred universities from considering an applicant’s race in admission decisions, experts told the Daily Caller News Foundation.
A 6-3 majority of Supreme Court justices in the Harvard and University of North Carolina vs. Students for Fair Admissions found that the way they prioritized applicants of certain racial categories in admissions violated the Equal Protection Clause of the 14th Amendment, overruling a prior decision that allowed universities to consider race. Justices deferred weighing in on the ruling’s significance for military academies, opening the door for likely successful Equal Protection lawsuits against the academies as the Department of Defense (DOD) seeks to increase racial diversity among commissioning officers, legal and military experts told the DCNF.
“Any DOD spin claiming that the Court has decided not to apply the ruling to the service academies, and therefore discriminatory practices at the service academies may continue, would be disingenuous at best and without credible support,” Elaine Donnelly, founder and president of the Center for Military Readiness, told the DCNF.
But the court did not consider any cases involving the military, opting instead to leave out the question of racial preference in service academies’ admissions decisions due to the “potentially distinct interests” they might hold, according to the opinion.
“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,” Chief Justice John Roberts wrote in a footnote to the majority opinion. “This opinion also does not address the issue,” he added, “in light of the potentially distinct interests that military academies may present.”
Importantly, the Supreme Court did not affirm service academies’ race-preferential admissions policies or say that the Equal Protection Clause does not apply to the military, experts told the DCNF. Rather, because the DOD was not included in the litigation, the court could not decide whether the military actually has distinct interests that meet the strict requirements for an exemption.
“The question is not whether the Equal Protection Clause applies to admissions policies at the SAs (service academies), but how do the uniquely military interests involved influence the application of the [Equal Protection] Clause in that setting?” retired law professor and Army Col. William Woodruff explained to the DCNF. “Constitutional rights apply in the military.”
Thirty-five former Pentagon officers, including four former chairmen of the Joint Chiefs of Staff, submitted a brief in support of the respondents, Harvard and UNC, anticipating the affect the case might have on military academies. They argued that taking race out of the admissions equation would “impede our military’s ability to acquire essential entry level leadership attributes and training essential to cohesion.”
Oral arguments also touched on the possibility national security interests might affect how the Equal Protection Clause should apply to service academies.
“If what you’re asking me is whether we think the military has distinctive interests in this context, I would say yes,” Solicitor General Elizabeth Prelogar told the court in October, a transcript shows. “And I think it’s critically important for the Court in its decision in these cases to make clear that those interests are, I think, truly compelling with respect to the military.”
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The U.S. Military Academy at West Point explored alternatives to race-based affirmative action, such as preferencing socioeconomic status, but found that would increase the number of white men at the academy, Prelogar explained. Other race-neutral alternatives failed to improve the racial diversity rate of admitted students.
Roberts asked whether Prelogar sought to link the military academies to Harvard and UNC; “In other words, you rise and fall with their case?” he said.
Prelogar did not give a definitive answer.
Justice Roberts’ footnote, then, acknowledges the military could have distinct national security interests — but that was not a question before the court, and no body of evidence was developed in the case to prove either way the existence of unique national security interests, experts explained to the DCNF. The question will have to be answered at some other time.
“The Court did not hint, or imply, approval of DOD’s claim or of DOD’s race-based practices,” Scott McQuarrie, a West Point graduate and attorney, whose organization Veterans for Fairness and Merit wrote in support of the plaintiffs, told the DCNF.
In other words, the ruling does not, as Justice Sotomayor claims in her dissent, create a “carveout” for the service academies.
The Future Of Race-Based Admissions At Military Academies
Pentagon officials have long said they seek a total force that reflects the demographics of the American public. Efforts to increase diversity have highlighted the officer corps, where the relative proportion of racial and ethnic minorities tends to be smaller than among the enlisted ranks.
Over 75% of active duty officers are white, according to the latest DOD demographic data. “Black and African American” individuals make up 19% of the enlisted active duty force, compared with 9% of officers.
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To meet those goals, the military academies have practiced affirmative action in admissions for decades, according to The New York Times.
“The U.S. Naval Academy uses race and ethnicity as one of a multitude of factors to assess applications for admission,” Cmdr. Alana Garas, a spokesperson for the academy, previously told Military Times in October. It does not assign points for race or seek to fill quotas, Garas added.
Col. Arthur W. Primas Jr., director of admissions for the U.S. Air Force Academy, told the outlet the academy also considers race in a “holistic evaluation” of candidates. “Race, along with gender and ethnicity, is not used solely as the basis for appointment consideration,” he said.
West Point’s website confirms the institution is “committed to affirmative action.”
Service academies may try to modify or reframe their existing guidance to prove their version of affirmative action is “as bad” as the practices of Harvard and UNC, Woodruff explained to the DCNF.
“In the current political climate, my guess is the SAs will continue to march under their current policies with, perhaps, a little tweaking to better shore up their chances in resisting efforts by Congress to impose merit-based admissions policies and to prepare for the inevitable lawsuits that will come challenging the use of racial preferences in the SAs,” Woodruff told the DCNF.
DOD is “aware of the Supreme Court decision concerning affirmative action in college admissions,” a Naval Academy spokesperson told the DCNF. “We are currently assessing the decision and its potential impacts on our practices.”
The Pentagon would have to prove that to achieving greater officer diversity constitutes a national security imperative with sufficient weight to justify continued employment of race-based admissions, experts said. However, winning an exception in the court would be extremely difficult.
“Racial preferences are subject to strict scrutiny and it is very difficult to sustain racial discrimination when the policy is subjected to strict scrutiny,” Woodruff said.
“The government has dug itself into a bit of a hole,” Mike Berry, director of military affairs and senior counsel for First Liberty Institute, told the DCNF, because it often tries to achieve contradictory objectives in the name of national security.
“On the one hand, it claims that diversity is a compelling national security (governmental) interest, thus race-based admissions are necessary to maintain diversity in the military. But on the other hand, it often argues in religious liberty cases that it cannot allow individual religious expression, such as the wearing of Sikh, Jewish, or Muslim articles of faith, because uniformity in the military is a compelling national security interest,” he said.
In addition, the court applied the ruling to universities that host Reserve Officer Training Corps (ROTC) programs, which routinely commission officers into the military.
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“That is an implicit rejection of DOD’s claim,” McQuarrie told the DCNF.
“The fact that [the court] did not even blink at the military justification for racial preferences in the ROTC context, which is the largest source of officers, is pretty telling that the Court will not just roll over in a future lawsuit challenging the SA racial preferences,” Woodruff said.
Instead, service academies could look for ways to hone in recruitment to target underrepresented groups, so more minorities apply to the academy, according to Military Times.
The best way to prevent service academies from discriminating on the basis of race when deciding who to admit is for Congress to step in, Donnelly told the DCNF.
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“Officials will try to maintain racial preferences as usual, until Congress intervenes or an affected plaintiff with standing files suit,” she said.
“Generations of recent military experience have shown that warfighter teams have been successfully built on the selfless, colorblind culture (and mutual trust) that the Court’s decision reminds us is a national imperative. … There’s simply no excuse for compromising military leader quality, at any level, by diluting merit with identity-based preferences,” McQuarrie said.
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Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.