American Bar Association removes references to minorities in program applications amid racial quota allegations
Judges were encouraged to hire “minority judicial law clerks."
The ABA says the program "has not changed."
The American Bar Association (ABA) quietly changed the criteria to apply for its Judicial Clerkship Program after being accused of discrimination and using racial quotas.
ABA removed the terms “communities of color” and any references to minorities after the Wisconsin Institute for Law & Liberty filed a complaint with the U.S. Dept. of Education.
The Judicial Clerkship Program began in 2000, and was intended to increase the number of minority judicial clerks. Participating schools were required to send students from “underrepresented communities of color.” Judges were instructed to hire a minimum of two “minority judicial law clerks” over a five-year period, according to Reuters.
As a result of the changes, schools are now “encouraged to select a diverse group of students,” and judges are no longer asked to consider race or minority status in the hiring process.
Skylar Crow, an attorney with the Wisconsin Institute for Law & Liberty, said that “All law students deserve an equal shot to compete for prestigious post-law school employment. No one should assess them based on the color of their skin—especially not the ABA and especially not judges.”
Despite the language changing, it’s unclear if ABA will fully cease giving preferential treatment to minority students.
ABA Senior Associate Executive Director and General Counsel Annaliese Fleming said the program “has not changed,” and that the organization is still committed to “enhancing diversity.”
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“Historically, individuals from diverse backgrounds have faced barriers to serving as law clerks at the highest levels of the judiciary, including the U.S. Supreme Court,” the ABA wrote on the Judicial Clerkship Program’s website. “While there have been efforts to increase inclusivity in the legal profession, representation in judicial clerkships remains limited. This issue is particularly relevant considering ABA’s Goal III, which seeks to promote the full and equal participation of all individuals in the legal profession.”
The Judicial Clerkship Program is an initiative by the ABA’s Council for Diversity in the Educational Pipeline. The council’s goal is to “increase diversity, equity, and inclusion in the educational pipeline to the legal profession.”
The council also presents the Alexander Awards, given to individuals who show “exemplary leadership and success” in working with “racial and ethnic minorities, students with disabilities, and students who identify as LGBTQ+”. The 2024 recipient is the University of Arkansas’ Center for Racial Justice and Criminal Justice Reform.
The ABA also offers scholarships that intentionally exclude White students. To apply for the Legal Opportunity Scholarship, students must, “be a member of an underrepresented racial and/or ethnic minority.”
Campus Reform contacted the American Bar Association and the Wisconsin Institute for Law & Liberty for comment.
