The American Bar Association, caught imposing racial quotas on participants of a special clerkship program that can give new lawyers a massive boost in their law careers, now is backing away from its racial agenda.

A report from the Wisconsin Institute for Law and Liberty explains it was the Judicial Clerkship Program that abruptly was altered.

“All law students deserve an equal shot to compete for prestigious post-law school employment,” explained WILL lawyer Skylar Croy. “No one should assess them based on the color of their skin – especially not the ABA and especially not judges. Instead, they should be considered based on their individual talents and knowledge of the law. We will continue to challenge race-based programs to reach WILL’s goal of complete race neutrality.”

The organization had filed a Title VI complaint against the ABA over the “radial quotas” it had embedded in the system.

“Previously, each law school was required to ‘send (and underwrite the costs for) four to six law students who are from underrepresented communities of color.’ Similarly, judges selected to participate were ‘asked to make a commitment to strive to hire at least two minority judicial law clerks over the next five years.’ Both quotas are now gone,” the WILL team explained.

The ABA promotes its schemes as providing law students with access to “Article III judges” and “state supreme court justices.”

Judges often hire recent law school graduates as clerks.

“These jobs are often considered a golden ticket to a successful legal career. For example, six of nine current U.S. Supreme Court justices once clerked for the court,” WILL explained. “Since at least 2001, the ABA’s Judicial Clerkship Program has helped some law students secure clerkships. The program is essentially a job fair where law students can meet judges, including federal judges and state supreme court justices.”

After the complaint, the ABA removed the quota requirements.

“WILL initially filed a Title VI complaint against the ABA and three participating universities—South Texas College of Law Houston, the University of the Pacific, and Willamette University—all receive federal funds,” the team said.

Title VI prohibits federal fund recipients from discriminating on the grounds of race, color, or national origin. WILL also filed a judicial misconduct complaint against Magistrate Judge Leo I. Brisbois, a federal judge in the District of Minnesota, for his involvement.

The ABA Journal said the ABA claimed the “description” of the program, which included the quotas, was “inaccurate.”

ABA spokeswoman Annaliese Fleming said, “some language” was removed for not accurately reflecting “the operation of the program.”

She said the agenda still includes “enhancing diversity.”

“The new wording says law schools ‘are encouraged to select a diverse group of students using criteria aligned with the ABA’s Goal III objectives.’ It also says judges from across the country participate in the program but says nothing about judges striving to hire at least two minority law clerks,” that report said.

WILL said it would continue to monitor the situation, to make sure future actions don’t violation the federal code.

Bob Unruh

Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is also a photographer whose scenic work has been used commercially. Read more of Bob Unruh's articles here.