A prominent global law firm, Morrison & Foerster, has quietly adjusted the recruitment criteria for its flagship diversity fellowship program amid a legal battle over affirmative action schemes. This change comes in the wake of a lawsuit filed by conservative activist Edward Blum, known for his landmark Supreme Court victory against affirmative action programs at U.S. colleges in June.
The lawsuit contended that Morrison & Foerster’s “Keith Wetmore 1L Fellowship for Excellence, Diversity, and Inclusion,” which has been in place for over a decade, unlawfully excluded applicants based on their race. It referenced application criteria on the firm’s website that previously specified a preference for applicants who were “African American/Black, Latinx, Native Americans/Native Alaskans, and/or members of the LGBTQ+ community.” Additionally, a flyer for the program mentioned it was open to individuals from a “historically under-represented group in the legal profession, including racial/ethnic minority groups and members of the LGBTQ+ community.”
However, these references no longer appear on Morrison & Foerster’s website, and a new flyer now states that applicants for the $50,000 award must demonstrate a “commitment to promoting diversity, inclusion, and accessibility.” Notably, the metadata for this flyer indicates it was created shortly after Blum’s organization sought a preliminary injunction against the program.
Morrison & Foerster has not provided any public comments on these changes. In contrast, Perkins Coie, another firm sued over its diversity program, has not removed references to its fellowship being open to individuals from a “group historically under-represented in the legal profession, including students of color, students who identify as LGBTQ+, and students with disabilities.”
These lawsuits against Morrison & Foerster and Perkins Coie represent the initial stage of a broader legal challenge regarding the legality of affirmative action programs. Edward Blum has indicated that this campaign could lead to further challenges against law firms and large corporations.
Blum’s focus on the legal profession stems from his belief that lawyers have supported corporate diversity quotas, particularly following the murder of George Floyd. He argues that if law firms are required to open their internships to candidates of all races and ethnicities, then corporations with similar racially exclusive quota programs in their employment practices should also be compelled to end those practices.
Conservative lawmakers across the United States have also criticized the legal sector over its race-based employment practices, with some warning of potential investigations and litigation. Recently, five Republican attorneys-general called on leading U.S. firms to terminate unlawful race-based quotas or preferences to avoid future accountability.