Fisher Decision Will Affect Diversity at Every Level

In August, the Supreme Court of the United States will hear arguments in Fisher v. University of Texas, an affirmative action case challenging the admission policies and practices of the University of Texas at Austin.  The Supreme Court granted certiorari on the question of whether the Supreme Court’s decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Grutter v. Bollinger, permit the university’s use of race as a factor in undergraduate admission decisions.

In Fisher, the U.S. District Court for the Western District of Texas held that, under the Supreme Court’s decision in Grutter, the university had a compelling interest in attaining a diverse student body.  The District Court concluded that the university’s admissions program was narrowly tailored to serve that interest.  On appeal to the Fifth Circuit, the three judges on the panel all voted to affirm the district court ruling, relying on the Grutter decision.

The BBA’s Diversity & Inclusion Section has asked the BBA to weigh in on the issues raised in Fisher.

This isn’t the first time the BBA has been asked to take a position on race-conscious admissions policies.  The BBA was an amici in Grutter – arguing that not having race-conscious admissions policies would harm efforts to diversify the legal profession.  Grutter involved the use of race-conscious admissions policies at the University of Michigan Law School. The BBA’s amicus brief in Grutter urged the Supreme Court to uphold race-conscious admissions policies as vital to integrating the legal profession.

The issues raised in Fisher and in Grutter are important to the BBA.  A diverse and inclusive legal community is central to the BBA’s mission — to advance the highest standards of excellence for the legal profession, facilitate access to justice, and serve the community at large. The BBA has consistently taken the position that race-conscious admissions policies are necessary to ensure that the legal community reflects the growing diversity of our population.  A legal community that accurately reflects the composition of the people it serves instills confidence and helps ensure that every person has equal access to justice.

Diversity as a concept is broader than just race and gender.  In the context of the BBA, valuing diversity means recognizing the unique professional contributions that different individuals can make, and creating an environment that maximizes the potential of all members.  The BBA has made diversity a part of its institutional culture in recent years, but we can do more.  Diversity is now an ongoing discussion and not a just an agenda item.

The Fisher decision promises to have serious implications for affirmative action policies, and ultimately our ability to integrate the legal profession.

-Kathleen Joyce
Government Relations Director
Boston Bar Association
Comments are disabled for this blog.  To share your comments e-mail issuespot@bostonbar.org

Innovative Pilot Program Lends a Hand to Struggling Courts

At a recent meeting with our new President, Lisa Goodheart, we heard firsthand from staff and the First Justices of the Boston Municipal Court.  Inadequate funding of our state courts has hit the BMC hard.

All eight of the BMC’s First Justices described to us the drastic impact the budget crisis has had on the BMC and its ability to administer justice.  Inadequate staffing levels and the consequences of a hiring freeze have led to more delays in the processing of cases, increased security risks in courthouses, and low morale among hardworking employees who are troubled by the fact that it’s virtually impossible to provide adequate public services in a timely and effective manner.

So what’s a bar association to do?  It’s now a given that we advocate for adequate funding for the courts on a year round basis.  We also need to find creative ways to help fill the gaps left by a shrinking budget.

The district court clerkship program – a pilot partnership established by the BMC, with the help of BBA Diversity and Inclusion Section’s Co-Chair Macey Russell – does just that.

This pilot venture began with one purpose – to increase diversity in the legal profession and provide opportunities for minority law students.  But the program has also helped ease some of the negative effects of an underfunded judiciary, while mitigating the impact of a hiring freeze on court employees at no cost.  It was refreshing to hear about the positive experiences the BMC’s First Justices have had with the 3Ls that have been matched with them.

It’s a win-win situation.  The judges are thankful for the assistance, and the student interns have had fantastic experiences with invaluable mentoring from the judges.  Any assistance with the court’s workload is helpful.  The BMC’s First Justices appreciate having resourceful law student interns in their courts.

To date, the program has helped place over 20 students with judges around Boston.  If only a handful of clerkships at a single court can make a difference, imagine what the effect of an expanded program would be.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

Comments are disabled for this blog.  To submit your comments please e-mail issuespot@bostonbar.org