The change comes after a conservative legal group accused the ABA of discriminatory practices
The American Bar Association (ABA) has revised its long-standing Judicial Clerkship Program, removing language that referenced minority students and “communities of color.”
The change comes after the conservative legal group, the Wisconsin Institute for Law & Liberty (WILL), accused the ABA of engaging in discriminatory practices by allegedly implementing racial quotas, Reuters reported.
The Judicial Clerkship Program, founded 24 years ago to increase the number of minority judicial clerks, previously required participating law schools to send four to six students from underrepresented communities of color. Judges involved in the program were also encouraged to hire at least two minority clerks over a five-year period.
Under the new criteria, law schools are now “encouraged to select a diverse group of students,” but there is no longer a requirement based on race or ethnicity. Judges participating in the program are no longer given any specific hiring parameters related to racial diversity.
The revisions to the program’s criteria came after WILL filed a complaint against the ABA with the US Department of Education in May. The complaint claimed that the previous requirements were illegal racial quotas. Although the group never filed a lawsuit, it had threatened legal action if changes were not made.
“All law students deserve an equal shot to compete for prestigious post-law school employment,” Skylar Croy, a lawyer for WILL, said in a statement. “No one should assess them based on the colour of their skin—especially not the ABA and especially not judges.”
In response, Annaliese Fleming, the ABA’s senior associate executive director and general counsel, clarified that the program itself “has not changed” and reiterated the ABA’s ongoing commitment to promoting diversity. “In reviewing the program materials, some language was removed that did not accurately reflect the program's operation,” Fleming said.
This shift comes amid increasing legal challenges to diversity programs across the US, particularly after the Supreme Court's 2023 ruling that banned affirmative action in college admissions. The legal landscape for diversity initiatives has grown more contentious as conservative groups target programs they believe improperly factor in race or ethnicity.
Earlier this year, another group led by anti-affirmative action activist Edward Blum filed lawsuits against several law firms over their diversity fellowship programs. While the lawsuits were eventually dropped, the firms involved changed their selection criteria in response. Similarly, the State Bar of Wisconsin adjusted its diversity program after a lawsuit from WILL in December.
