The Sconi

Apr 25 2024

The Wisconsin Institute for Law & Liberty (WILL) has raised concerns about the American Bar Association's (ABA) race-based Judicial Clerkship Program and Internship Opportunity Program. WILL has warned the ABA that these programs may be in violation of various civil rights laws and could be detrimental to students across the country. WILL has indicated that legal action may be pursued if the ABA does not address these issues promptly.

In a letter to the ABA, WILL Associate Counsel, Skylar Croy, emphasized the importance of ending discriminatory practices, stating, "When a bar association discriminates based on race, it sows more division in our country and violates the law in the process. WILL is demanding that the American Bar Association end this illegal and discriminatory practice holding all law students back."

The ABA's Judicial Clerkship Program aims to introduce law students from diverse backgrounds to judges and law clerks, with a focus on encouraging judges to consider students of color for clerkship opportunities. However, concerns have been raised about the requirement for law schools to send a specific number of students from underrepresented communities of color, which has been deemed as illegal due to the imposition of racial quotas.

Similarly, the Judicial Internship Opportunity Program offers opportunities for students from underrepresented racial and ethnic groups to work with judges over the summer. While interns are compensated for their work, eligibility criteria have also come under scrutiny for potentially excluding certain individuals based on race.

WILL's efforts against discriminatory programs have been demonstrated through previous legal actions, including a lawsuit against the Wisconsin State Bar. Following this lawsuit, the State Bar agreed to make its Diversity Clerkship Program open to all eligible first-year law students, regardless of race, marking a significant step towards inclusivity and equality.

This latest warning from WILL to the ABA is part of the organization's broader Equality under the law Project, which aims to address discriminatory practices nationwide. WILL's commitment to representing clients pro bono in various states underscores their dedication to upholding equal rights and opportunities for all individuals.

As the debate surrounding race-based programs in legal institutions continues, the actions taken by organizations like WILL serve as a reminder of the importance of promoting diversity and inclusivity within the legal profession.