The American Alliance for Equal Rights (AAER), an organization lead by noted anti-affirmative action activist Edward Blum, has agreed to drop its lawsuit against the law firm Perkins Cole, following changes to the firm’s diversity fellowship program. The announcement came in the wake of Perkins Cole’s statement which opened applications to all students rather than exclusively from marginalized communities, as previously was the case.
The AAER had initially pursued a lawsuit against Perkins Cole due to what it viewed as a discriminatory restriction of their fellowship program strictly to individuals from marginalized communities, such as people of color and the LGBTQ+ community. The group argued that offering opportunities solely to these demographics was a direct violation of the U.S. Constitution’s Equal Protection Clause and contravened the U.S. Supreme Court ruling in ‘Students for Fair Admission v. Harvard’. This landmark judgment effectively banned race as a consideration factor in college admissions.
Perkins Cole responded to the lawsuit by announcing changes to its fellowship program, demonstrating their commitment to fostering a diverse workforce and maintaining a faith in the value of diversity. “Our new Diversity and Inclusion Fellowship Program continues Perkins Coie’s long-standing and deep-rooted commitment to advancing diversity, equity, and inclusion within our firm and across the legal profession,” said Genhi Givings Bailey, Perkins Cole’s chief diversity and inclusion officer. “We are proud of our firm’s progress and even as the legal landscape evolves, our commitment to strengthening diversity and creating a more inclusive workplace remains steadfast,” she added.
This shift comes after the U.S. Supreme Court’s decision in ‘Students for Fair Admission’. In the aftermath of this ruling, anti-affirmative action groups like AAER have been case-by-case challenging the constitutionality of private diversity programs. This argument has received some judicial support, as shown by a recent decision from a court that blocked a grant program exclusively for Black-women-operated businesses.