Law Firms’ Diversity Programs Face Legal Scrutiny Amid Affirmative Action Debate

Affirmative-action opponent Edward Blum has issued threats of potential lawsuits to two additional law firms, Fox Rothschild and Susman Godfrey, regarding their diversity fellowship programs. This brings the total number of legal entities targeted by Blum’s threats over this issue to five in the past eight days. A statement released by Blum’s group, the American Alliance for Equal Rights, expressed a hope that these programs will soon be accessible to any qualified law students, irrespective of their racial background. To cement the group’s intent, it also alluded to the possibility of additional litigation.

In a similar vein, three other law firms, Winston & Strawn, Hunton Andrews & Kurth, and Adams and Reese, also received comparable letters on October 9. Earlier this year, the American Alliance for Equal Rights took legal action against Perkins Coie and Morrison Foerster. However, the litigation was dropped after the firms modified their diversity programs to include all students.

The focus on diversity, equity, and inclusion within the private sector has seen a marked increase following a legal battle resolved in June. This battle, orchestrated by another of Blum’s groups, resulted in the Supreme Court striking down affirmative action in higher-education admissions.

Representatives for Fox Rothschild and Susman Godfrey did not respond immediately to requests for comments. Fox Rothschild, however, has made alterations to the wording within its diversity fellowship program. The changes underline that applicants will be appraised based on an array of non-race factors. These include their commitment to diversity, equity, and inclusion in the legal community, as reflected in the letters sent by Blum’s group.

According to a description found on their website, Susman’s diversity fellowship is open to “women, people of color, individuals who identify as LGBTQ, or members of other groups underrepresented in today’s legal profession.”

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