Daily on Defense: Affirmative action allowed at military academies, Stoltenberg staying on, possible ATACMS and cluster bombs for Ukraine

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BY JAMIE MCINTYRE

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ROBERTS CITES MILITARY'S 'POTENTIALLY DISTINCT INTERESTS': Writing for the 6-3 majority, which struck down race-conscious college admissions as unconstitutional, Chief Justice John Roberts carved out a narrow exception for U.S. military academies.

Roberts relegated that part of his opinion to a single footnote, pointing out that "no military academy is a party to these cases" and that courts "have not addressed the propriety of race-based admissions systems in that context."

In referencing a friend-of-the-court brief filed that argued that "race-based admissions programs further compelling interests at our nation's military academies," Roberts wrote, "This opinion also does not address the issue, in light of the potentially distinct interests that military academies may present."

But for all other U.S. colleges and universities, Roberts's opinion in the case Students for Fair Admissions, Inc. v. President and Fellows of Harvard College said, "Many universities have for too long done just the opposite. And in doing so, they have concluded, wrongly, that the touchstone of an individual's identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice."

SUPREME COURT BANS AFFIRMATIVE ACTION IN RULING AGAINST RACE-CONSCIOUS COLLEGE ADMISSIONS

JACKSON: WHY 'BUNKER, NOT THE BOARDROOM'? In a blistering dissent, Justice Ketanji Brown Jackson wrote, "The court has come to rest on the bottom-line conclusion that racial diversity in higher education is only worth potentially preserving insofar as it might be needed to prepare Black Americans and other underrepresented minorities for success in the bunker, not the boardroom."

The military exemption also drew fire from Rep. Jason Crow (D-CO), a former Army Ranger who did tours in both Iraq and Afghanistan.

"This decision is deeply upsetting but outright grotesque for exempting military academies," Crow tweeted. "The court is saying diversity shouldn't matter, EXCEPT when deciding who can fight and die for our country — reinforcing the notion that these communities can sacrifice for America but not be full participants in every other way."

Retired Gen. Wes Clark — who was one of 35 former military leaders, including four chairmen of the Joint Chiefs of Staff, who filed an amicus brief arguing that ignoring race in admissions would "impede our military's ability to acquire essential entry level leadership attributes and training essential to cohesion" — said the exception for military academies didn't solve that problem.

"The military academies are excluded from the Supreme Court ruling, and that's clear," Clark said on CNN. "But about 70% of our officer corps comes through ROTC, through ordinary colleges. Some from Harvard, some from Princeton, and some from all over America."

"We like the armed forces to be representative of the country. And we also want the leadership to be representative of the force," Clark said. "Whatever comes out at the top as colonels, brigadier generals, full generals, started at the bottom as lieutenants and ensigns. That's the way it works. And so the ruling does impact these civilian institutions, which are providing us the majority of the junior officers that later go on to lead our armed forces."

HOUSE DEMOCRAT BLASTS MILITARY ACADEMY EXEMPTION IN SUPREME COURT AFFIRMATIVE ACTION RULING

BIDEN: US MILITARY 'MODEL OF DIVERSITY': In denouncing the Supreme Court ruling, President Joe Biden cited the military as exhibit A for the argument "Colleges are stronger when they're racially diverse, our nation is stronger. Just look at the United States military, the finest fighting force in the history of the world. It's been a model of diversity, and it's not only …made our nation better, stronger, but safer."

According to the latest demographic statistics for the U.S. military, roughly 70% of the total force is white, 17% black, 7% Asian, American Indian or Alaska Native, and Native Hawaiian or other Pacific Islander, and 2.6% identify as multiracial. The latest census figure show that black people make up 13.6% of the U.S. population.

But while Black people are overrepresented in the military as a whole, they are underrepresented in the most senior ranks. Until former President Donald Trump nominated Gen. Charles Q. Brown Jr. to be Air Force chief of staff in 2020, there were no black people on the Joint Chiefs or among the combatant commanders, as dramatically illustrated by a 2019 tweet from then-Defense Secretary Mark Esper. The Marine Corps named its first black four-star general just last year.

The Wall Street Journal reported the following current racial breakdown at the service academies:

  • West Point: 12% black, 10% Hispanic, 8% Asian
  • Naval Academy: 9% black, 10% Hispanic, 15% Asian
  • Air Force Academy: 14% black, 17% Hispanic, 20% Asian

But the newspaper noted that military academies consider much more than race when selecting applicants. "In addition to academics, service academies also consider factors that most traditional colleges and universities don't, like fitness and letters of sponsorship from legislators. Incoming students also usually must be U.S. citizens and display good moral character and leadership potential because they graduate as U.S. military officers."

BIDEN SLAMS SUPREME COURT FOR AFFIRMATIVE ACTION DECISION: 'THIS IS NOT A NORMAL COURT'

Good Friday morning and welcome to Jamie McIntyre's Daily on Defense, written and compiled by Washington Examiner National Security Senior Writer Jamie McIntyre (@jamiejmcintyre) and edited by Conrad Hoyt. Email here with tips, suggestions, calendar items, and anything else. Sign up or read current and back issues at DailyonDefense.com. If signing up doesn't work, shoot us an email and we'll add you to our list. And be sure to follow us on Twitter: @dailyondefense.

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HAPPENING TODAY: Joint Chiefs Chairman Gen. Mark Milley speaks at a National Press Club "Headliners Luncheon" at 12:30 p.m. Livestream here: https://www.press.org/events/headliners

ATACMS FINALLY? There are several reports this morning, including on CNN and in the Wall Street Journal, that the Biden administration will soon relent and provide Ukraine with more lethal weaponry as its counteroffensive is encountering significant challenges breaching Russian defenses in the south. CNN reported Biden is "strongly considering" approving the transfer of dual-purpose improved conventional munitions, or "DPICM," to help accelerate the advance of Ukrainian forces.

"A final decision is expected soon from the White House, and if approved, the weapons could be included in a new aid package to Ukraine as soon as next month," CNN said in a tweet.

In March, Republican members of Congress, including the heads of the Armed Services and Foreign Relations committees, urged the provision of the controversial munitions. "Providing DPICM will allow Ukraine to compensate for Russia's quantitative advantage in both personnel and artillery rounds, and will allow the Ukrainian Armed Forces to concentrate their use of unitary warheads against higher-value Russian targets," they wrote.

Meanwhile, the Wall Street Journal reported the administration is also considering adding ATACMS long-range missiles to "bolster Ukraine's fight."

"If, and that is a big if, the U.S. finally provides Ukraine ATACMS, it would be one of the biggest immediate battlefield impacts & advantages given to the Ukrainians since the HIMARS," said John Spencer, chairman of urban warfare studies at the Modern War Institute, in a tweet. " A range of 190 miles (or more), very high precision, massive strike."

Pentagon spokesman Brig. Gen. Pat Ryder downplayed the report. "I will tell you I don't have anything to announce regarding ATACMS," he said at yesterday's Pentagon briefing. "And certainly, I'm not aware of any imminent decisions as it relates to ATACMS."

STOLTENBERG STAYING: It looks like the highly-regarded civilian head of NATO will have his tour of duty extended again, as the alliance seems uncomfortable changing leaders in the middle of the war in Ukraine.

"Jens Stoltenberg is set to stay on as NATO's chief for another year," reported Politico, citing four people familiar with the decision.

British Defense Secretary Ben Wallace had been rumored to be angling for the post, but the decision to extend Stoltenberg's term as secretary-general is "a done deal," according to a U.S. official who spoke to Politico.

The move is expected to be formally announced before the upcoming NATO summit in Vilnius, Lithuania.

BALLOON MYSTERY: The Pentagon is now saying the Chinese spy balloon that traversed the continental United States earlier this year didn't actually succeed in spying on anything.

"We were aware that it had intelligence collection capabilities, and it has been our assessment now that it did not collect while it was transiting the United States or over-flying the United States," said Ryder at the Pentagon.

"And as we said at the time, we also took steps to mitigate the potential collection efforts of that balloon," Ryder said. "And certainly the efforts that we made contributed, I'm sure."

CHINESE SPY BALLOON USED US TECHNOLOGY: REPORT

The Rundown

Washington Examiner: Supreme Court bans affirmative action in ruling against race-conscious college admissions

Washington Examiner: House Democrat blasts military academy exemption in Supreme Court affirmative action ruling

Washington Examiner: Questions swirl around Russian general amid rumors of involvement in mercenary revolt

Washington Examiner: Wagner Group 'elements' remain in Russian-occupied Ukrainian territories, Defense Department says

Washington Examiner: EU's top diplomat: Putin in 'cleaning mode' with military purge

Washington Examiner: Russia fans anger about Quran burning to obstruct Sweden's NATO entry

Washington Examiner: Chinese spy balloon used US technology: Report

Washington Examiner: Chinese spy balloon did not collect intelligence while traversing US, Pentagon says

Washington Examiner: Lead Iran deal negotiator on leave with 'security clearance under review'

Washington Examiner: Jan. 6 suspect arrested while allegedly running at Obama's home with weapons in his van

Washington Examiner: Opinion: What coup? Why Vladimir Putin is talking about tourism and taking selfies

Washington Examiner: Opinion: Neither the US nor Israel is served by Biden and Netanyahu being bad allies

Washington Post: Ukraine's top general, Valery Zaluzhny, wants shells, planes and patience

CNN: Russian General Sergey Surovikin was secret VIP member of Wagner, documents show

Reuters: U.S. State Department Oks Two Possible Military Sales To Taiwan -Pentagon

Breaking Defense: State approves $5.6 billion F-35 sale to Czech Republic

Bloomberg: Portable US Weapon to Jam Chinese, Russian Satellites Is Running Two Years Late

Defense Scoop: Former DIU Chief Mike Brown Urges Approval of $1B Defense 'Hedge' Fund, More Testing of Commercial Tech on Ukraine's Battlefields

Air & Space Forces Magazine: New Study: USAF Needs Big Cash Infusion to Ward Off Fighter Fleet 'Collapse'

Task & Purpose: The A-10 Is Retiring and the Air Force Has No Close Air Support Replacement

The War Zone: China's J-20 Fighter With Long-Awaited WS-15 Engines May Have Flown

Military.com: The Man Who Started To Transform The Marine Corps Leaves With 'No Regrets At All'

Air & Space Forces Magazine: Just 14.5 Percent Of Eligible Airmen Make Tech Sergeant, Lowest Rate in 27 Years

Stars and Stripes: Some Military Families Could Gain, Others Could Lose in Policy Changes to DOD's Special Needs Program

Breaking Defense: State Approves $5.6 Billion F-35 Sale to Czech Republic

The Cipher Brief: The way AI 'learns' poses risk so large, it almost supplants threats from China

The Cipher Brief: Russian Mutiny Ushers In a Morale Boost for Kyiv, as Ukrainian Forces Make "Steady Progress"

The Cipher Brief: Prigozhin's Revolt is not the End for Putin, but it's the Beginning of the End

Forbes: Ten Design Features That Will Shape The Air Force's Next Generation Air Dominance Program

USNI News: Navy Secretary Names Fourth Frigate After Revolutionary Hero Marquis de Lafayette

Calendar

FRIDAY | JUNE 30

9 a.m. — Hudson Institute virtual discussion: "The Third Anniversary of the Hong Kong National Security Law," with Benedict Rogers, co-founder and chief executive of Hong Kong Watch; and Miles Yu, director of Hudson's China Center https://www.hudson.org/events/third-anniversary-hong-kong

10 a.m. — Foundation for Defense of Democracies media briefing on major issues facing Taiwan and Japan by retired Rear Adm. Mark Montgomery, FDD senior fellow; and Jonathan Schanzer, FDD senior vice president for research. The men have just returned from a research trip to the region. RSVP: email press@fdd.org

12 p.m. 14th and F Sts. NW — National Press Club "Headliners Luncheon" with Joint Chiefs Chairman Gen. Mark Milley https://www.press.org/events/headliners/npc-headliners-luncheon

MONDAY | JULY 3

4 a.m. Brussels, Belgium — Media briefing at NATO headquarters: "The integration of NATO and national military planning in a new era of collective defense," with Adm. Rob Bauer, chair of the NATO Military Committee; and Matthew Van Wagenen, SHAPE deputy chief of staff operations No livestream, but a transcript will be posted on the NATO website afterward. https://www.nato.int/cps/en/natohq/news

FRIDAY | JULY 7

7 a.m. Brussels, Belgium — NATO Secretary-General Jens Stoltenberg holds a news conference to preview the NATO summit in Vilnius https://www.nato.int/cps/en/natohq/news

1:30 p.m. — Cipher Brief virtual discussion "The Hunt for Spies: Counterintelligence Efforts inside the U.S.," with Mirriam-Grace MacIntyre, executive director, National Counterintelligence and Security Center https://www.thecipherbrief.com

TUESDAY | JULY 11

4 a.m. Vilnius, Lithuania — President Joe Biden attends the two-day NATO leaders summit July 11-12 https://www.nato.int/cps/en/natohq/news

9:30 a.m. 601 13th St. NW — Center for the Study of the Presidency and Congress in-person book event: Z Generation: Into the Heart of Russia's Fascist Youth, with author Ian Garner; and Joshua Huminski, director, Mike Rogers Center for Intelligence and Global Affairs. RSVP: sophie.williams@thepresidency.org

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QUOTE OF THE DAY
"The Court has come to rest on the bottom-line conclusion that racial diversity in higher education is only worth potentially preserving insofar as it might be needed to prepare Black Americans and other underrepresented minorities for success in the bunker, not the boardroom."
Justice Ketanji Brown Jackson, in her dissent to the Supreme Court ruling striking down affirmative action for college admissions while exempting military service academies.
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