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The ABA Really Doesn’t Want To Get Sued By Blum & Co. – Above the Law

When
SFFA
v.
Harvard
was
first
decided,
we
were
flooded
with
what
were
effectively
solidarity
posts

Biglaw
firms
and
universities
sent
out
statements
reaffirming
their
steadfast
commitment
to
fostering
diversity
no
matter
what
the
Supreme
Court
decided.
Then
the
lawsuits
happened.
Since
then,
big-name
firms
like

Morrison
Foerster

skipped
the
courtroom
and
decided
to
remove
the
diversity
language
that
was
getting
them
in
trouble.
The
ABA
even
tried
to
adapt
on
the
fly
and
floated
the
idea
of
diversifying
diversity,

whatever
that
means
.
Well,
enough
time
has
passed
and
the
party
is
over.
The
ABA’s
recent
judicial
clerkship
revision
gets
rid
of
even
needing
to
worry
about
minorities
all
together.

Reuters

has
coverage:

The
American
Bar
Association
has
revised
the
criteria
for
its
Judicial
Clerkship
Program,
opens
new
tab
to
eliminate
references
to
minority
students
and
“communities
of
color”
after
a
conservative
legal
group
alleged
that
the
ABA
was
illegally
discriminating
by
using
racial
quotas…Now,
law
schools
are
“encouraged
to
select
a
diverse
group
of
students,”
and
judges
have
no
hiring
parameters.

That
encouragement
will
have
about
as
much
force

as
asking
Supreme
Court
justices
to
divulge
how
generous
their
friends
are
on
time
.
References
to
minority
students
usually
get
treated
as
referring
to
racial
minorities,
but
don’t
be
fooled


this
is
gonna
hurt
women
and
a
bunch
of
other
students
too
.
An
attorney
working
with
the
Wisconsin
Institute
for
Law
and
Liberty
(because
of
course
it’s
them)
saw
the
change
as
a
win,
saying
that
“all
students
deserve
a
fair
shot
at
employment
and
no
one
should
be
judged
based
on
the
color
of
their
skin.”
That
sounds
great
in
a
vacuum.
It
is
facially
true

no
one’s
resume
should
be
judged
differently
because
of
their
race
or
gender


but
that’s
not
how
the
world
works
right
now
.
Getting
rid
of
inclusion
efforts
is
marketed
as
a
way
to
make
choosing
from
the
hiring
pool
fairer,
but
it
actually
just
makes
it
easier
to
leave
minority
applicants
to
drown.


ABA
Strikes
‘Minority’
And
‘Of
Color’
From
Clerkship
Criteria
Amid
Lawsuit
Threat

[Reuters]


Earlier
:

ABA
Council
Proposes
Language
Change
To
Nix
‘Diversity’
From
Law
School
Considerations


ABA
Committee
Decides
To
Diversify
Diversity.
It
Should
Come
With
A
Clear
Reason
For
Why
That’s
Important



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.