after vmi won its case in u.s. district court, the case went through several appeals until 26 june 1996, when the u.s. supreme court, in a 7–1 decision in "united states v. virginia", found that it was unconstitutional for a school supported by public funds to exclude women. (justice clarence thomas recused himself, presumably because his son was attending vmi at the time.) following the ruling, vmi contemplated going private to exempt itself from the 14th amendment, and thus avoid the ruling.