Affirmative action in college admissions and why military academies were exempted by the Supreme Court

Washington — The landmark Supreme Court decision 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. 

Chief Justice John Roberts noted the court's decision does not apply to military service academies — for now — in a brief footnote in the 237-page opinion. He cited two reasons: first that the academies were not parties in the cases, and second, that there were "potentially distinct interests" involved.

"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," the footnote said. "The opinion also does not address the issue, in light of the potentially distinct interests that military academies may present."