Chicago City Wire

The American Alliance for Equal Rights (AAER) has filed a federal lawsuit against the American Bar Association (ABA), which has its headquarters on North Clark Street in Chicago, alleging its Legal Opportunity Scholarship Fund discriminates based on race.

“The ABA’s racially exclusive scholarship is illegal,” Edward Blum, president of the American Alliance for Equal Rights, said in a press release. “The fact that America’s largest lawyer membership organization is flagrantly discriminating against certain individuals because of their race is flabbergasting.” 

Filed in the Northern District of Illinois, the lawsuit argues that the program unlawfully excludes white students, violating 42 U.S.C. §1981, a federal statute that guarantees individuals the right to make and enforce contracts regardless of race.

In the lawsuit the AAER claims that the ABA, which represents nearly a quarter of all lawyers and promotes fairness in the legal profession, is engaging in discriminatory practices. 

“If any group should oppose racial discrimination in the legal profession, it’s the American Bar Association,” the AAER said in the lawsuit filing.

The ABA’s Legal Opportunity Scholarship Fund, which has been awarding $15,000 to law students for over two decades, is open only to students from specific racial or ethnic minority groups, including African American, Native American, Hispanic and Asian. White students are categorically ineligible, regardless of financial need or academic merit.

Critics argue this racial exclusion contradicts the ABA's own ethical guidelines and is illegal under federal law.

“The leadership of the ABA must certainly have been aware of the many lawsuits that have been filed successfully challenging race-exclusive law firm internship and fellowships programs. That the ABA hasn’t ended their minority-only scholarship should distress the entire membership,” Blum said. 

The AAER’s complaint asserts that the ABA’s scholarship is part of a broader pattern of race-conscious policies, including accreditation standards and judicial clerkship placements. 

Despite the 2023 Supreme Court ruling in Students for Fair Admissions v. Harvard, which banned race-based admissions in higher education, the AAER argues that the ABA continues to promote race-specific programs and policies. That ruling emphasized the importance of race-neutral criteria in the admissions process at Harvard and other universities.

“The goal of this lawsuit is not to eliminate ABA’s scholarships but to ensure they are based on legitimate criteria, such as financial need or merit, rather than race,” Blum said. “There are many deserving students from all races and ethnicities who need help affording law school. Excluding some of them because of their race is unfair and unconstitutional.” 

The lawsuit seeks declaratory and injunctive relief, asking the court to bar the ABA from considering race in the selection of scholarship recipients and to reopen the application process using race-neutral criteria. The AAER is also seeking nominal damages. 

The ABA has not yet responded to the lawsuit.