Diversity
Conservative group sues ABA over Legal Opportunity Scholarship Fund program
A group led by a conservative activist has filed a lawsuit alleging that an ABA scholarship program engages in “blatant discrimination” in violation of federal law. (Image from Shutterstock)
A group led by a conservative activist has filed a lawsuit alleging that an ABA scholarship program engages in “blatant discrimination” in violation of federal law.
The April 12 suit filed by the American Alliance for Equal Rights, a nonprofit organization, says the scholarships are contractual in nature, and their restrictions on eligibility violate Section 1981 of the Civil Rights Act, which bans discrimination in contracting.
The ABA is represented by Jenner & Block, one of the law firms targeted in a punitive executive order by President Donald Trump, Bloomberg Law reports. Jenner & Block has filed a suit challenging the order against it.
The suit by conservative activist Edward Blum’s group targets the ABA’s Legal Opportunity Scholarship Fund, which awards $15,000 scholarships to select incoming law students. Applicants must be members of underrepresented racial or ethnic minorities, such as Black/African Americans, Native Americans, Hispanic Americans and Asian/Pacific Islanders, according to the suit, filed in the U.S. District Court for the Northern District of Illinois.
“Even if the scholarship did not flatly exclude whites on its face,” the suit says, “the scholarship discriminates against whites in application and by design.”
The suit seeks a declaration that the scholarships violate Section 1981, an injunction barring the ABA from considering race or ethnicity in the program, an order to reopen the application process using neutral criteria, and nominal damages.
Another organization that Blum created, Students for Fair Admissions, won a U.S. Supreme Court ruling in June 2023 that struck down race-conscious admissions programs in higher education.
The American Alliance for Equal Rights is represented by Lawfair and Consovoy McCarthy.
The goal of the new suit, Blum said in a statement, “is not to eliminate ABA’s scholarships but to ensure they are based on legitimate criteria, such as financial need or merit, rather than race.”
The ABA does not comment on active litigation, according to Jim Walsh, the chief communications officer and associate executive director of the ABA.
Publications covering the suit include Law.com, Law360, Reuters and Bloomberg Law.
See also:
Activist who succeeded in ending affirmative action targets law firms’ diversity efforts
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