Edward Blum, the architect of a Supreme Court victory against affirmative action at US universities, is now setting his sights on challenging recruitment practices at the country’s largest law firms. Blum, a conservative campaigner, recently filed lawsuits against global firms Perkins Coie and Morrison Foerster, alleging that their prestigious fellowships designed to attract historically underrepresented applicants are illegal. He intends to potentially file more lawsuits against similar firms in the coming weeks.
While other activists like Stephen Miller have sued larger companies over diversity practices, Blum is concentrating on the legal profession, viewing it as a critical component of the push for diversity and inclusion, especially with the momentum gained from the Black Lives Matter movement.
Blum argues that over the past decade, corporations have implemented racially exclusive hiring and promotion policies, often tying managers’ bonuses to specific racial outcomes. He believes that if law firms are compelled to open internships to all races and ethnicities, then corporations with similar racially exclusive practices in their employment must also end such practices.
These challenges represent the latest front in the legal battle over the legitimacy of corporate diversity programs, fueled by a recent Supreme Court decision. Blum’s new organization, the American Alliance for Equal Rights, targeted Perkins Coie and Morrison Foerster because their diversity fellowship criteria were transparent. However, Blum believes many other firms have similar policies.
Perkins Coie has stated its intention to fight the lawsuit, emphasizing its commitment to diversity, equity, and inclusion. Morrison Foerster did not provide a comment.
The lawsuits are based in part on Section 1981, a Civil War-era statute that prohibits racial discrimination in contracts by public and private bodies. Although they do not directly rely on the recent Supreme Court decision, a concurring opinion by conservative justice Neil Gorsuch in that case has created a pathway for challenging the use of race to achieve diversity in corporate hiring and promotion.
Conservative lawmakers across the US have also been emboldened by the Supreme Court decision. Republican senator Tom Cotton has warned dozens of law firms about potential investigations and litigation over race-based employment practices. Five Republican attorneys-general have advised leading US firms to terminate unlawful race-based quotas or preferences.
Jean Lee, president and CEO of the Minority Corporate Counsel Association, believes that the legal community was not surprised by these challenges, especially after the Supreme Court’s conservative majority was cemented. She suggests that firms should be more creative in increasing diversity, including retaining diverse staff already on the payroll and broadening recruitment efforts.
Blum also supports casting a wide net to find unique individuals rather than strictly focusing on race and ethnicity, emphasizing that talent can be found among smart individuals of all races graduating from less competitive law schools.