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The conservative group behind multiple lawsuits challenging diversity, equity and inclusion programs has dropped its lawsuit against law firm Morrison Foerster after the firm opened its diversity scholarship to all students — not just those from underrepresented groups .
In a filing Friday, the American Alliance for Equal Rights said it had dismissed its lawsuit alleging Morrison Foerster’s diversity scholarship, which was open only to certain racial minorities, illegally excluded applicants based on their race. The lawsuit was filed in August alongside a similar lawsuit alleging that a diversity scholarship offered by law firm Perkins Coie also unlawfully discriminated based on race. The coalition is led by conservative activist Edward Blum, whose lawsuits against Harvard University and the University of North Carolina at Chapel Hill led to the Supreme Court overturning race-conscious college admissions.
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Morrison Foerster’s fellowship was only open to “a diverse population that has been historically underrepresented in the legal profession,” including Black, Latino, Native American and LGBTQ+ people. After the alliance lawsuit was filed, Morrison Foerster opened the scholarship to all first-year law students.
“Essentially, [Morrison Foerster] admits that its previous program was illegal and has made it available to all law students, regardless of their race and ethnicity,” Blum said in an emailed statement. “Members of the American Alliance for Equal Rights are pleased that this illegal policy has been changed to include everyone, regardless of race and ethnicity.”
Morrison Foerster said in a statement that the firm “is pleased with AAER’s decision not to pursue a meritless case and looks forward to welcoming another talented class of Wetmore Fellows to the firm this summer.”
“As a leader in removing barriers and creating opportunities in the legal profession, we have become a target, but Morrison Foerster’s commitment is unwavering and unwavering,” it continued.
Also on Friday, Perkins Coie announced that it has overhauled the scholarship program, which was previously only open to students of color, LGBTQ+ students and students with disabilities. According to the website, the scholarship is now open to first- and second-year law students in all disciplines. The company said the changes were prompted by the Supreme Court’s June decision to roll back racial considerations in college admissions.
“Our new Diversity and Inclusion Fellowship program continues Perkins Coie’s long-standing and deep-rooted commitment to advancing diversity, equity and inclusion within our firm and across the legal profession,” said Genhi Givings Bailey, Perkins Coie’s Chief Diversity and Inclusion Officer.
Blum said Friday that his group would continue its legal battle against Perkins Coie for now.
The lawsuits are part of a broader legal attack to eliminate private DEI programs. Shortly after his Supreme Court victory in June, Blum filed a lawsuit against the Fearless Fund, a private venture capital firm for women of color, arguing that its funding program for black women entrepreneurs discriminated on the basis of their race. In September, a panel of the U.S. Court of Appeals for the 11th Circuit temporarily blocked the fund from making grants.
Gibson Dunn & Crutcher, a law firm representing the Fearless Fund in the case, has changed the eligibility requirements for its diversity grants, Bloomberg Law reported in September. Instead of being aimed at “students who identify with an underrepresented group,” the scholarships are now aimed at those who have “demonstrated resilience and excellence on their path to a legal career.”