Activist Behind Affirmative Action Cases Sues Major Law Firms

A group founded by the conservative activist who led the successful U.S. Supreme Court challenge to the consideration of race in college admissions on Tuesday sued two major U.S. law firms over fellowships they offer to racial minorities and LGBT people, accusing them of unlawful bias against white candidates.

The American Alliance for Equal Rights sued Perkins Coie in Dallas and Morrison & Foerster in Miami two months after the Supreme Court sided with another group founded by activist Edward Blum and rejected affirmative action policies used by many colleges to increase enrollment of racial minorities.

The lawsuits, brought in federal courts, accused both law firms of unlawfully discriminating against white candidates by limiting which law students could be considered for paid fellowships geared toward promoting greater diversity within the legal sector.

The lawsuits allege that by limiting eligibility based on race, the fellowships violate Section 1981 of the Civil Rights Act of 1866, a federal law adopted after the end of slavery brought about by the American Civil War that bars racial bias in private contracts.

“Excluding students from these esteemed fellowships because they are the wrong race is unfair, polarizing and illegal,” Blum, who is white, said in a statement.

Perkins Coie, founded in Seattle, offers “diversity fellowships” that provide stipends of $15,000 to $25,000 and paid positions as summer associates, a position that at major law firms can lead to full-time jobs upon graduation. Applicants must belong to “a group historically underrepresented in the legal profession, including students of color, students who identify as LGBTQ+, and students with disabilities,” according to Perkins Coie.

Morrison & Foerster, founded in San Francisco, has a similar program that is open to applicants who are Black, Hispanic, Native American or members of the LGBT community.

Perkins Coie said it had no immediate comment on the lawsuit. Morrison & Foerster did not immediately respond to a request for comment.

Blum’s Texas-based American Alliance for Equal Rights this month filed a similar case against Atlanta-based venture capital fund Fearless Fund, alleging it unlawfully allowed only Black women to be eligible in a grant competition in violation of the contracting law.

Topics Lawsuits