A conservative litigation group is suing leaders at the Wisconsin State Bar Association over its diversity clerkship program. Wisconsin Attorney Daniel Suhr, represented by the Wisconsin Institute for Law & Liberty (WILL), alleges the bar’s program is unconstitutional. Suhr’s complaint argues that his First Amendment rights are being violated as his compulsory dues used to be a practicing attorney are funding the program, a use he disagrees with.
These litigations targeting diversity internship programs have emerged following the U.S. Supreme Court’s June decision banning the use of affirmative action within higher education institutions. The judgment has created a legal foothold for conservative causes to challenge private-sector diversity and inclusion initiatives in court.
The bar’s clerkship program is open to first-year law students at Marquette University Law School and University of Wisconsin Law School “who are in good standing” and have “backgrounds that have been historically excluded from the legal field,” as per the State Bar’s website. The program offers paid 10-week summer employment with entities including Stafford Rosenbaum LLP and several public attorneys’ offices.
Suhr, a member of the state bar and former policy director for Wisconsin state governor Scott Walker, argues, “The State Bar should do better and expand these opportunities to all Wisconsin law students.” In recent months, law firms Perkins Coie and Winston & Strawn, and New York University, have also faced similar lawsuits filed by conservative litigation groups addressing their diversity policies.
The case is titled Suhr v. Dietrich et al, and is being tried in Wisconsin, as of December 19, 2023.