In March a federal judge ruled unconstitutional an U.S. Army policy that gave preferential treatment in promotion to women and minorities.
The Army’s written policy urged promotion boards to consider “past personal or institutional discrimination” when considering candidates for promotion. A white, male officer passed over for promotion in 1996 and 1997 sued, arguing that the policy was unconstitutionally discriminatory.
In his ruling, Federal Judge Royce C. Lamberth noted that the Army had failed to establish that women and minorities had been discriminated against in the past during promotions. He cited statistics noting that since the 1970s the promotion rate for white and black officers had been almost identical.
“This [policy] undeniably establishes a preference in favor of one race or gender over another, and therefore is unconstitutional,” Lamberth wrote in his 68-page opinion.
The Army has not yet decided whether it will appeal, but since Lamberth framed his ruling very similar to Supreme Court decisions striking down affirmative action programs, overturning the verdict on appeal would be a long shot at best.
And imagine that — the Army having to judge people as individuals based on merit instead of based on their particular group membership. How will the nation ever survive such a radical notion?
Source:
Judge halts an army policy on promotion. Neely Tucker, Washington Post, March 5, 2002.