The American Bar Association (ABA) has revised its Legal Opportunity Scholarship program, removing the previous requirement that applicants be from “ethnic minority” or “underrepresented racial” groups. The updated criteria now emphasize a demonstrated commitment to advancing diversity, equity, and inclusion (DEI), rather than specific group identities. This change follows a lawsuit filed by the conservative group American Alliance for Equal Rights, which claimed the 25-year-old program discriminated against white applicants. The scholarship, valued at $15,000, is awarded to 20–25 students annually. ([reuters.com](https://www.reuters.com/legal/government/aba-drops-minority-requirement-law-student-scholarship-amid-lawsuit-2025-11-03/?utm_source=openai))
The ABA stated that its Board of Governors had planned the change before the lawsuit, aiming to maintain diversity goals while eliminating identity-based eligibility. Edward Blum, leader of the challenging group and known for spearheading the 2023 Supreme Court case ending race-based college admissions, criticized the ABA for not publicly announcing the change, arguing the lawsuit remains relevant and seeking nominal damages. ([reuters.com](https://www.reuters.com/legal/government/aba-drops-minority-requirement-law-student-scholarship-amid-lawsuit-2025-11-03/?utm_source=openai))
Additionally, in October 2024, the ABA adjusted its Judicial Clerkship Program to remove references to minority groups after facing another legal threat over alleged racial discrimination. The ABA maintains that its programs are protected under the First Amendment and that the plaintiffs lacked standing. ([reuters.com](https://www.reuters.com/legal/government/aba-drops-minority-requirement-law-student-scholarship-amid-lawsuit-2025-11-03/?utm_source=openai))
This development is part of a broader trend of legal challenges to DEI initiatives. In April 2025, the Department of Justice announced that it had acted to end the state of Illinois’ unlawful minority-only scholarship program. After the Justice Department threatened to file suit, the state and six universities suspended the program. ([justice.gov](https://www.justice.gov/opa/pr/unlawful-illinois-dei-scholarship-program-suspended-after-justice-department-threatened?utm_source=openai))
These cases underscore the ongoing legal scrutiny of DEI programs and the necessity for organizations to ensure their initiatives comply with current legal standards while promoting diversity and inclusion. ([nixonpeabody.com](https://www.nixonpeabody.com/insights/alerts/2024/06/10/diversity-grants-under-legal-scrutiny?utm_source=openai))