A national anti-affirmative action group has filed a lawsuit against West Point claiming that the military academy is violating the Fifth Amendment by not upholding the statute’s equal protection clause when admitting students on the basis of race.

The organization, Students For Fair Admissions — which was behind the U.S. Supreme Court decision which struck down affirmative action across higher education institutions in June — filed the suit in White Plains, N.Y. Tuesday. The Supreme Court decision did not apply to military academies.

The group is suing the U.S. Department of Defense, West Point, Secretary of Defense Lloyd Austin, Secretary of the Army Christine Wormuth, Superintendent of the U.S. Military Academy Lieutenant General Steven Gilland and Director of Admissions Lieutenant Colonel Rance Lee.

Students for Fair Admissions is representing two white high school students who claim that they will not be treated fairly during the admissions process because of their race. The suit alleges that the members “will suffer harm because they will be denied the opportunity to compete for a West Point appointment on equal grounds, solely because of their race.”

The suit states that the university accepts a certain percentage of each minority group into its freshman class but leaves the race-based categories vague by using labels like “Hispanic” and “Asian” without differentiating the subgroups that might fit into those categories.

As an example, the suit stated that the university does not go out of its way to ensure a certain percentage of East Asians and South Asians are accepted into the university.

The group claimed that instead of focusing on students’ leadership potential based on objective metrics and leadership potential, it focuses on race instead, which the organization believes is “unconstitutional” and discriminatory.

The two students being represented in the lawsuit have not yet been accepted into the university or been denied a place. Both will need to receive a nomination by either a member of Congress, Vice President Kamala Harris or President Joe Biden before applying.

Applicants must also pass medical examinations and a physical fitness test. The Academy produces about 17 percent of newly commissioned Army officials each year.

The plaintiffs are asking the court to declare that West Point’s policy of considering race during the admissions process is unconstitutional under the Fifth Amendment, a preliminary and permanent injunction that would prohibit the university from considering or knowing applicants’ race when making admissions decisions and related costs of bringing the suit including attorneys’ fees.