Feldman: Why the Naval Academy gets to keep affirmative action

In 2023, the U.S. Supreme Court struck down affirmative action in private and public university admissions. Now a federal district court has upheld essentially the same practice as used by the U.S. Naval Academy. Although that might seem inconsistent, it isn’t. The Supreme Court specifically exempted the military academies from its ruling, and the district court, following precedent, deferred to Congress and the president in the context of military personnel decisions.

The court’s decision is legally defensible.