The Supreme Court's recent decision to overturn affirmative action in college admissions has a notable exception: military academies. This exclusion, detailed in a footnote to Justice John Roberts' majority opinion, explains that military academies were not involved in the original cases that led to the Supreme Court's decision and therefore remain unaffected.

The footnote states, "The United States as amicus curiae contends that race-based admissions programs further compelling interests at our Nation’s military academies. 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." This exception has drawn criticism, with Justice Sonia Sotomayor arguing in her dissent that it highlights the arbitrary nature of the majority opinion. She contends that this exception demonstrates that the Fourteenth Amendment doesn't inherently prohibit the use of race in college admissions.

This sentiment was echoed by several liberal members of Congress, including former Army Ranger Rep. Jason Crow, who expressed his concerns on social media. Roger Severino, vice president of domestic policy at The Heritage Foundation, also expressed disappointment with the exemption, suggesting that the logic of the ruling should apply to all educational institutions, especially military academies.

Severino believes the footnote likely originated from an amicus brief filed by the U.S. government arguing for a federal interest in diversity at service academies. He speculates that the Court avoided addressing these arguments directly to prevent further complications and left the issue for future consideration. This effectively means another lawsuit specifically targeting service academies will likely be needed to resolve the matter.

The historic ruling rejects race as a determining factor in college admissions, deeming it a violation of the 14th Amendment’s equal protection clause. Chief Justice Roberts stated that universities have erroneously focused on skin color rather than individual merit. Justices Thomas and Jackson also offered separate opinions, with Thomas supporting the decision and Jackson expressing dissent.