May 10, 2024

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Edward Bloom Group drops lawsuit against Morrison-Forrester

The conservative group behind several lawsuits challenging diversity, equity and inclusion programs has dropped its lawsuit against the law firm Morrison Foerster after the company opened its diversity fellowship to all students — not just those from underrepresented groups.

In a filing Friday, the American Coalition for Equal Rights said it dismissed its lawsuit that claimed the Morrison-Forrester Diversity Fellowship, which was only open to certain racial minorities, illegally excluded applicants based on race. The lawsuit was filed in August, simultaneously with a similar lawsuit alleging that a diversity fellowship offered by the law firm Perkins Coie also illegally discriminates on the basis of race. The coalition is led by conservative activist Edward Bloom, whose lawsuits against Harvard University and the University of North Carolina at Chapel Hill led to the Supreme Court overturning higher education admissions on racial grounds.

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The Morrison-Forrester Fellowship was open only to “a diverse population that has been historically underrepresented in the legal profession,” including people who are Black, Latino, Native American, and the LGBT community. After the coalition’s lawsuit was filed, Morrison-Forrester opened the fellowship to all first-year law school students.

“Guaranteed, [Morrison Foerster] “She acknowledges that her previous program was illegal and opened it to all law students, regardless of their race or ethnicity,” Bloom said in an emailed statement. “Members of the American Coalition for Equal Rights are satisfied that this illegal policy has been changed to include everyone, regardless of race and ethnicity.”

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Morrison-Forrester said in a statement that the company is “pleased with AAER’s decision not to pursue an unfounded case, and looks forward to welcoming another talented class of Wetmore Fellows to the company this summer.”

“Being a leader in efforts to remove barriers and create opportunities in the legal profession has made us a target, but Morrison-Forrester’s commitment is steadfast and unwavering,” she added.

Also on Friday, Perkins Coie announced it had revised its fellowship program that was previously open only to students of color, those who identify as LGBTQ+ and students with disabilities. The Fellowship is now open to first- and second-year law students from all backgrounds, According to its website. The company said the changes came as a result of the Supreme Court’s decision in June to overturn racial considerations in college admissions.

“Our new Diversity and Inclusion Fellows program continues Perkins Coie’s long-standing and deep-rooted commitment to advancing diversity, equity and inclusion within our firm and across the legal profession,” said Jinhee Givings-Bailey, Chief Diversity and Inclusion Officer at Perkins Coie.

Bloom said Friday that his group will for now continue its lawsuit against Perkins Coie.

The lawsuits are part of a broader legal offensive to dismantle private sector DEI programs. Shortly after his Supreme Court victory in June, Bloom sued Fearless Fund, a private venture capital firm for women of color, alleging that a grant program for black women entrepreneurs discriminated on the basis of race. In September, a panel of the US Court of Appeals for the Eleventh Circuit temporarily blocked the fund from awarding grants.

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Gibson Dunn & Crutcher, the law firm representing the Fearless Fund in this case, has changed the eligibility requirements for various scholarships. Bloomberg reported on the law in September. Instead of being reserved for “students who belong to an underrepresented group,” scholarships are now designated for those who have “demonstrated resilience and excellence on their path toward a legal career.”