The group that successfully challenged affirmative action in college admissions, has filed a federal lawsuit against the U.S. Naval Academy.

The group, Students for Fair Admissions, is arguing that the Naval Academy has no right to use race as a factor in its admission process. This comes after making similar case against the U.S. Military Academy at West Point. Both lawsuits aim to challenge an exemption that allows U.S. military academies to consider race as a factor in student admissions.

Over the summer the U.S. Supreme Court ruled that institutions can not use race as a determining factor in admissions. However, in that same decision, the academies were seemingly offered an exemption due to “potentially distinct interests that military academies may present.”

The Biden administration has argued that diversity in the officer corps is crucial for the effectiveness of the U.S. military. Some argue that considering race in admissions is necessary to address historical imbalances. Students for Fair Admissions argues that the Naval Academy’s admissions practices are discriminatory and violate the the equal protection clause.