In a recent development, legal giant Morrison Foerster has altered the criteria for its ‘Keith Wetmore 1L Fellowship for Excellence, Diversity, and Inclusion’ following a legal pushback by The American Alliance for Equal Rights, according to a report by Reuters.
The founding of this Alliance is credited to Edward Blum, a known conservative legal strategist instrumental in the Supreme Court case which dismantled University-based affirmative action. This Alliance, soon after its formation, legally challenged the initiatives aimed at promoting diversity by Biglaw firms including Morrison Forester and Perkins Coie.
Prior to this lawsuit on August 22 in a federal court in Miami, the fellowship program under scrutiny had specified it was for “members of historically underrepresented groups in the legal industry”. However, following the lawsuit, the firm has veered away from this language and now seeks applications from individuals capable of “bringing a diverse perspective to the firm as a result of your adaptability, cultural fluency, resilience, and life experiences.”
This significant modification was instigated a mere week after the lawsuit was filed against the firm. Other institutions, forced to navigate the ripples of the Court’s decision, are now attempting to uphold diversity without explicitly mentioning it. However, this course of action could potentially pave the way for an influx of “viewpoint diversity” applications, a phrase which was used prominently in assaults against affirmative action.
While varying approaches are being undertaken by institutions such as Emory and some law schools, the strategy adopted by Morrison Forester might lead to an undesired emphasis on a form of diversity not reflective of the original intended goal. This prompts a rethink of how to promote actual diversity without falling afoul of the Court’s decision against affirmative action.
At the time of writing, no comments or clarification regarding this change in its fellowship criteria or about the lawsuit have been issued by Morrison Foerster.