The scary part is that a major law firm really thought it would be legal to do this, or perhaps knew it wasn’t legal but thought it could get away with it anyway.
The law firm Morrison Foerster, based in San Francisco, was sued for excluding non-minority students from its so called “diversity fellowships,”described as a program for first-year law students who are members of “a diverse population that has historically been underrepresented in the legal profession,” such as black, Hispanic, Native American and LGBTQ+ individuals. The plaintiff in the suit was the American Alliance for Equal Rights (AAER), founded by same conservative activist who brought the lawsuits that resulted in the Supreme Court finally declaring affirmative action in college admissions what it had always been: unconstitutional racial discrimination.
A few weeks after the lawsuit was filed, the firm removed all references to race from the program page on its website, an implicit statement that “OK, you caught us. Never mind!” The program now is described as
designed to recognize “exceptional first and second-year law students with a demonstrated commitment to diversity and inclusion in the legal profession.” In other words, the firm is substituting viewpoint discrimination for racial discrimination.









