Lawsuit claims Wisconsin State Bar’s ‘Diversity Clerkship Program’ practices skin color discrimination
The State Bar of Wisconsin is facing a new lawsuit this week over its controversial “diversity clerkship program.” The program, according to the complaint, gives preference to students based on their race and other protected traits.
The Wisconsin Institute for Law and Liberty (WILL) has taken legal action against the bar association, alleging that the program is discriminatory and violates the law.
“When the government engages in racial discrimination, it not only divides our country further but also violates the Constitution,” said Skylar Croy, Associate Counsel at WILL. “WILL is standing up against discrimination and holding the State Bar accountable to its dues-paying members‘ rights.”
WILL is representing Daniel Suhr, a trial and appellate attorney in Wisconsin who is required to pay dues as a member of the State Bar. Suhr argues that preferential treatment in internship programs undermines competitiveness and harms all Americans.
The lawsuit is based on a recent Supreme Court decision that declared race-based admissions programs, commonly known as “affirmative action,” unconstitutional. In Students for Fair Admissions Inc. v. Harvard, the Court ruled 6-3 against considering race in college admissions.
[RELATED:[RELATED:Ending Affirmative Action Won’t Stop The University System’s Racist Admissions Practices]
The lawsuit argues that the State Bar of Wisconsin’s “Diversity Clerkship Program,” which has provided paid internships to 600 law students, is just as unconstitutional as affirmative action in student admissions.
The program, advertised on the State Bar of Wisconsin’s website, offers a 10-week paid summer employment opportunity for first-year law students from historically excluded backgrounds. However, applicants must also demonstrate a commitment to diversity and academic achievement.
WILL claims that the State Bar of Wisconsin is violating the First Amendment rights of its dues-paying members, citing the 1990 Supreme Court decision in Keller v. State Bar of California. This decision established that an association like the bar cannot force members to fund activities that are not relevant to the association’s constitutional justification for mandatory membership.
Tristan Justice is the western correspondent for The Federalist and the author of Social Justice Redux, a conservative newsletter on culture, health, and wellness. He has also written for The Washington Examiner and The Daily Signal. His work has also been featured in Real Clear Politics and Fox News. Tristan graduated from George Washington University where he majored in political science and minored in journalism. Follow him on Twitter at @JusticeTristan or contact him at [email protected]. Sign up for Tristan’s email newsletter here.
What are the arguments and concerns raised by critics of the diversity clerkship program regarding the violation of equal treatment and potential reverse discrimination
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The State Bar of Wisconsin’s diversity clerkship program, which aims to provide internships to law students, is currently facing legal action. The Wisconsin Institute for Law and Liberty (WILL) has filed a lawsuit against the State Bar, claiming that the program’s preference based on race and protected traits is discriminatory and violates the law.
This lawsuit comes in the wake of a recent Supreme Court decision that deemed race-based admissions programs, including affirmative action, unconstitutional. In Students for Fair Admissions Inc. v. Harvard, the Court ruled against considering race in college admissions.
WILL, representing attorney Daniel Suhr, argues that preferential treatment in internship programs undermines competitiveness and harms American citizens as a whole. Suhr, as a member of the State Bar and someone obligated to pay dues, believes that the program infringes upon the rights of dues-paying members.
Skylar Croy, Associate Counsel at WILL, expressed concern over the government’s involvement in discriminatory practices. Croy stated, “When the government engages in racial discrimination, it not only divides our country further but also violates the Constitution. WILL is standing up against discrimination and holding the State Bar accountable to its dues-paying members’ rights.”
The diversity clerkship program has been a controversial initiative by the State Bar of Wisconsin. While its intention is to promote diversity and provide opportunities to underrepresented groups, critics argue that it violates the principle of equal treatment and opens the door for potential reverse discrimination.
The outcome of this lawsuit will have significant implications for not only the State Bar of Wisconsin but also the broader conversation surrounding affirmative action and diversity programs. As the legal battle unfolds, it remains to be seen how the court will weigh in on the constitutionality of the program and its impact on the rights of dues-paying members.
In an era where issues of diversity and inclusion are at the forefront of societal discussions, the outcome of this lawsuit has the potential to shape the future of affirmative action programs and their implementation across various sectors. It raises important questions about the extent to which affirmative action can be utilized and whether there are alternative means of achieving diversity without resorting to preferential treatment.
As both sides present their arguments in court, the State Bar of Wisconsin and its diversity clerkship program will undoubtedly face scrutiny and examination from legal experts, civil rights advocates, and concerned citizens. The implications of this case reach far beyond the borders of Wisconsin, as it touches upon broader issues of equality and opportunity in an increasingly diverse and complex society.
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