Affirmative “Re-action”: How Are Major Bar Associations Responding to Students for Fair Admissions?

Last summer, the Supreme Court, in Students for Fair Admissions v. President and Fellows of Harvard College, held that considerations of race, at least in the context of university admissions, were unconstitutional. But what about in the admissions, hiring, and promotional practices of law schools and law firms? After all, one of the stated goals of the American Bar Association (ABA) is to “eliminate bias and enhance diversity in the legal profession,” which it has historically pursued by urging law schools and firms to practice affirmative action.

Indeed, on the day the Supreme Court released its decision, the ABA made clear its intent to defy the spirit of the ruling. “The ABA has a long history of supporting affirmative action,” ABA President Deborah Enix-Ross wrote in an official statement. “We believe it is imperative that colleges, universities, and state legislatures find alternative ways to create a diverse and talented student body.”

A new review of the official guidance from an array of bar associations finds an alarming willingness to flout the high court’s ruling and continue to discriminate on the basis of race.

Continue reading the entire piece here at The Federalist Society

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Renu Mukherjee is a fellow at the Manhattan Institute. Based on a recent issue brief.

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