ABA Denounces 'attack' On Law Firm Diversity Initiatives - Free Websites, Share News And Posts Publicly

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Aug. 25, 2023

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What’s going on today?

Abortion pill maker loses bid to block West Virginia’s abortion ban.
NLRB paves way for workers to unionize without formal elections.
Oil companies sue U.S. over Gulf auction changes meant to protect whale.
Plus, Trump allies’ push to move Georgia subversion trial could mean delays, and more in your Week in Review.

The Afternoon Docket is taking its summer break next week. Fear not, I’ll be back in your inbox before a new Rolling Stones album drops, probably! See you Sept. 5.

American Bar Association denounces ‘attack’ on law firm diversity initiatives

REUTERS/Andrew Kelly

ABA President Mary Smith said the organization “is deeply troubled by the recent efforts of some elected officials and advocacy groups to attack diversity programs at law firms,” following the U.S. Supreme Court’s recent ruling banning race-conscious admissions policies. Read more about the ABA’s statement.

The American Alliance for Equal Rights, a group founded by conservative activist Edward Blum who led the successful Supreme Court challenge to affirmative action policies, earlier this week sued Perkins Coie and Morrison & Foerster over fellowships they offer to promote diversity. Last month, U.S. Senator Tom Cotton (R-AR) sent letters to 51 large law firms warning of their “duty to inform clients of the risks they incur by making employment decisions based on race.”

More top news:

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Week in review …

Fulton County Sheriff’s Office/Handout via REUTERS

Donald Trump’s mugshot …

An unsmiling Donald Trump, inmate no. P01135809 according to Fulton County Jail records, was captured glaring at the camera in a mugshot after he was booked on more than a dozen felony charges as part of a wide-ranging criminal case stemming from the former U.S. president’s attempts to overturn his 2020 election defeat in Georgia … The former president returned to the social media site X, formerly known as Twitter, with a post appealing for donations, a first since he was banned following the Jan. 6, 2021, attack on Congress by his supporters … Efforts by Trump allies to move the case to federal court are raising legal questions that could delay a trial, which may be a key part of their strategy.

Race-conscious admissions …

Many law schools have revamped their application essays following the U.S. Supreme Court’s decision banning race-conscious admissions at colleges and universities … SCOTUS was asked to consider whether an admissions policy aimed at diversifying an elite Virginia high school is racially discriminatory.

Workplace bias …

The 11th Circuit grappled with whether a Florida law banning mandatory workplace diversity training that promotes progressive concepts violates employers’ free speech rights … The 5th Circuit threw out its unique decades-old precedent that made it more difficult for workers to prove discrimination claims … Bar officials in Pennsylvania said that a free-speech advocate’s challenge to an anti-harassment rule adopted by the state should be dismissed following a 3rd Circuit ruling in a gun case last week … A former Kirkland & Ellis associate defeated the law firm’s bid to dismiss her sex discrimination claims.

Transgender healthcare …

The 11th Circuit revived a Republican-backed Alabama law banning the use of puberty blocking drugs and hormones to treat gender dysphoria in transgender minors … Here’s how state laws and rising threats have a chilling effect on transgender care.

Abortion …

The South Carolina Supreme Court upheld a new state law banning abortion after fetal heart activity is detected, usually around six weeks of pregnancy … Planned Parenthood and other abortion providers asked South Carolina’s top court to reconsider its ruling.

Hilton Hotels heads to high court to protest fail-safe classes

In almost every federal appellate circuit in the U.S., class action plaintiffs who try to premise their class definition on a defendant’s liability will be bounced out of court without a backward glance. But not the D.C. Circuit, which refused last April, in a pension benefits case against Hilton Hotels, to adopt a categorical ban on so-called fail-safe classes. Now Hilton wants the U.S. Supreme Court to weigh in – and, for good measure, is also seeking to resolve an alleged circuit split on whether plaintiffs can even appeal successive class certification decisions. Alison Frankel has the details.

Check out other recent pieces from all our columnists: Alison Frankel, Jenna Greene and Hassan Kanu

Our final Summer Friday …

Chandrayaan-3 spacecraft lands on the moon in ‘victory cry of a new India’

In case you missed it … India’s Chandrayaan-3 spacecraft became the first to land on the rugged, unexplored south pole of the moon on Aug. 23 in a mission seen as crucial to lunar exploration, just days after a similar Russian lander crashed. Find out why countries are racing to the moon’s south pole.