The American Bar Association (ABA) has revised its eligibility rules for one of its most notable diversity-focused initiatives, the Legal Opportunity Scholarship, removing the longstanding requirement that applicants identify as racial or ethnic minorities.
The change comes amid an ongoing lawsuit filed by the American Alliance for Equal Rights (AAER), a group led by conservative activist Edward Blum — the same figure behind several high-profile legal challenges to race-based admissions policies, including the U.S. Supreme Court’s landmark decision ending affirmative action in college admissions.
Shift in Scholarship Criteria
The Legal Opportunity Scholarship, established in 2000, has been one of the ABA’s cornerstone diversity programs. It provides financial support — up to $15,000 per recipient over three years — to incoming law students who are dedicated to promoting diversity within the legal field. Each year, the program awards about 20 to 25 scholarships.
Previously, the scholarship’s eligibility criteria explicitly required that applicants be members of “underrepresented racial and ethnic groups” within the legal profession. But in a significant policy shift, the ABA has replaced that requirement with broader language emphasizing an applicant’s “commitment to advancing diversity, equity, and inclusion in the legal profession.”
According to the organization’s updated materials, applicants are now evaluated based on their experiences, leadership, and potential contributions to diversity rather than their racial or ethnic background.
The Lawsuit Behind the Change
The AAER lawsuit, filed earlier this year in the U.S. District Court for the Northern District of Texas, claimed that the ABA’s race-based eligibility rule constituted illegal discrimination under Section 1981 of the Civil Rights Act of 1866, which prohibits race-based discrimination in contracts.
The complaint alleged that the program unlawfully excluded otherwise qualified applicants solely because they were white or non-minority. In its court filings, AAER accused the ABA of “using racial classifications to distribute educational benefits,” arguing that such practices are inconsistent with federal civil rights protections and recent Supreme Court precedent.
Blum’s organization has filed similar suits challenging diversity initiatives across a range of industries, from corporate fellowship programs to bar association-sponsored clerkships.
Despite the ABA’s recent policy change, AAER said in a court filing last week that it plans to continue its case, seeking nominal damages and a declaration that the former race-based rule violated federal law. The group noted that the ABA had not publicly announced its revision before it was revealed in litigation filings.
ABA’s Response and Broader Diversity Commitments
An ABA spokesperson confirmed that the rule change had been approved by the ABA Board of Governors before the lawsuit was filed. The board reportedly reaffirmed the association’s “longstanding commitment to diversity in the legal profession” while directing that program eligibility “should not depend on membership in any particular racial or ethnic group.”
The ABA emphasized that the scholarship’s purpose remains unchanged — to increase access to the legal profession for individuals who have faced barriers, financial hardship, or systemic underrepresentation. However, the association’s approach will now focus on measurable contributions to inclusion and community engagement, rather than race-based qualifications.
The change reflects a growing trend in diversity programs across educational and professional settings in the aftermath of the Supreme Court’s 2023 decision in
Students for Fair Admissions v. Harvard. Institutions and organizations have been reassessing policies that explicitly reference race to ensure compliance with new judicial interpretations of anti-discrimination laws.
Not the First Policy Revision
This isn’t the first time the ABA has adjusted its diversity initiatives under legal scrutiny. In October 2024, the organization modified eligibility rules for its
Judicial Clerkship Program, which was also the subject of a legal complaint filed by the Wisconsin Institute for Law & Liberty. That program had previously targeted “minority students” and aimed to expose participants to clerkship opportunities through partnerships with judges and law schools.
The updated
clerkship program now welcomes applicants “from all backgrounds who are committed to promoting diversity and inclusion in the legal system,” a change that mirrors the new language adopted in the scholarship guidelines.
Legal and Professional Implications
The ABA’s policy shift highlights the delicate balance professional associations and law schools must maintain as they pursue diversity goals within the boundaries of current civil rights law.
While critics argue that the rollback of explicit race-based eligibility undermines efforts to promote equity and inclusion, proponents of the changes see them as necessary to comply with evolving legal standards and to avoid costly litigation.
Legal analysts suggest that the ABA’s revisions may influence how law firms, law schools, and legal employers structure their diversity programs going forward. Many organizations are transitioning toward “race-neutral” selection models that emphasize socioeconomic disadvantage, leadership in diversity initiatives, or community engagement as qualifying factors.
These developments underscore a larger transformation in the legal profession’s approach to diversity — one increasingly framed around opportunity and commitment rather than demographic identity alone.
The Future of Diversity in Law
As the debate continues, the ABA maintains that fostering a legal profession that reflects the nation’s full diversity remains central to its mission. Yet, how that goal is achieved in a post-affirmative-action landscape will likely remain the subject of legal, political, and cultural debate for years to come.
For law students and
aspiring attorneys, the updated scholarship criteria may broaden access to financial aid while encouraging applicants from all backgrounds to demonstrate concrete action toward inclusion and equity in their future careers.
Law students looking to fund their education or explore inclusive legal career paths can find hundreds of current opportunities on
LawCrossing.com — the leading legal job site that connects law students and professionals with scholarships, clerkships, and career advancement resources across the United States.
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