The legal community may recall that Perkins Coie and Morrison Foerster both faced lawsuits in August. This was prompted by Edward Blum’s group, the American Alliance for Equal Rights, which has recently dropped its suits against both firms. The surprising turn of events came after Perkins Coie expanded its diversity fellowship program to include all first-year law students.
This move by Perkins Coie put an end to litigation from the anti-affirmative action group, which has expressed satisfaction with the firm’s decision. “The American Alliance for Equal Rights is satisfied that Perkins Coie’s racially discriminatory fellowship program has been eliminated and replaced,” said group president Edward Blum in a statement.
The dismissal of the lawsuit by Edward Blum’s group came two days after Perkins Coie argued that the suit was “moot” because of the modifications to the fellowship program. Importantly, the anti-affirmative action group also revoked a similar lawsuit against Morrison Foerster on October 6, following changes to its own diversity, equity, and inclusion fellowship.
Both law firms had been accused of “rank discrimination” against White law students. This was based on the exclusion of these students from their respective fellowship programs. The American Alliance for Equal Rights cited the US Supreme Court’s June ruling, which deemed affirmative action in college admissions as illegal, as grounds for their allegation. This ruling was a result of a lawsuit filed by another group associated with Blum.
Blum, in his statement, also hinted at the existence of other law firms which still operate “racially discriminatory” programs. He expressed hopes that these firms would choose to open their programs to all law students, to avoid facing similar federal lawsuits. He did not name the firms allegedly running such programs, leaving room for speculation among legal professionals.
The case of the American Alliance for Equal Rights v. Perkins Coie (N.D. Tex., No. 3:23-cv-01877, 8/22/23) can be followed here. The Perkins Coie case, among others, serves as a marker of the ongoing discussions and legal battles surrounding affirmative action within legal educational programs and professional practice.