The American Bar Association (ABA) has amended its Judicial Clerkship Program criteria to remove references to minority students and “communities of color.” This decision follows a complaint from a conservative legal organization alleging that the ABA was engaging in illegal discrimination through the use of racial quotas.
Originally established 24 years ago to increase the representation of minority judicial clerks, the program required law schools to submit between four and six students from underrepresented communities. Judges were also encouraged to hire at least two minority clerks over a five-year period. The updated guidelines now encourage law schools to select a diverse group of students without specific hiring parameters for judges.
In May, the Wisconsin Institute for Law & Liberty filed a complaint against the ABA with the U.S. Department of Education and warned of potential legal action, although no lawsuit has been filed. Skylar Croy, an attorney for the institute, stated that it remains unclear when the ABA implemented these changes to the Judicial Clerkship Program. The ABA did not respond immediately to requests for comment.
Croy emphasized the importance of equality in employment opportunities for law students, stating, “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.”
The move to eliminate racial criteria comes amid increasing scrutiny of diversity programs following the U.S. Supreme Court’s 2023 decision to ban affirmative action in college and university admissions. Additionally, a group founded by anti-affirmative action activist Edward Blum has previously sued major law firms, including Winston & Strawn and Perkins Coie, over their diversity fellowship programs. Those lawsuits were dropped after the firms revised their application criteria.
Furthermore, the State Bar of Wisconsin altered its diversity program parameters following a lawsuit from the Wisconsin Institute for Law & Liberty in December.
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