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Wisconsin State Bar suspends DEI program after lawsuit

The Wisconsin Institute for Law and Liberty forced the state bar association to suspend its "Diversity Clerkship Program" after alleging that it is racially discriminatory.

The Wisconsin State Bar suspended their diversity, equity, and inclusion (DEI) programs after a lawsuit calling them unconstitutional.

The Wisconsin Institute for Law and Liberty (WILL) sued the state bar association in December 2023 for administering the "Diversity Clerkship Program" alleging that it is illegally and racially discriminatory. 

"Defeating unconstitutional DEI programs has become WILL’s area of expertise, and we are not stopping here," WILL Associate Counsel, Skylar Croy said in a statement.

"While we are pleased with this victory, we know the fight is far from over. In fact, this is only the beginning of a movement, and our lawsuit will provide a roadmap for future victories in all 50 states."

A settlement between the State Bar of Wisconsin and WILL was reached on Thursday to end the "discriminatory DEI practices at the State Bar." 

Going forward, mandatory dues of the state bar will no longer fund internships and policies that prioritize a candidate's race, but instead merit and diversity of viewpoint.

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The state bar will open the program to all first-year law students attending either Marquette University Law School or the University of Wisconsin Law School regardless of race. Furthermore, any promotional materials of the program created by the State Bar ensure that all students are eligible to participate regardless of race. 

"The State Bar cannot state, suggest, or insinuate in its promotional materials that only law students from diverse backgrounds, with backgrounds that have been historically excluded from the legal field, or who have been socially disadvantaged are eligible," the settlement states.

The lawsuit was filed when trial and appellate attorney Daniel Suhr objected to being obligated by law to pay "hundred of dollars" annually to pay dues for the clerkship program that he thought was racially discriminatory.

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Suhr, said reacting to the victorious lawsuit, "Premier internship opportunities should be available to students based on merit—not race. I am proud to partner with WILL to set a strong precedent for the next generation of law students."

After the Supreme Court ruled that race-based affirmative action in college admissions violates the Equal Protection Clause of the Fourteenth Amendment in June, several programs and entities have become subject to litigation due to administering DEI programs.

Earlier in March, a venture firm boss described having to scale back her company's operations and grant programs after being pummeled by lawsuits from conservative groups.

Atlanta-based Fearless Fund CEO Arian Simone told Inc. in an interview that conservatives’ efforts to debilitate grant programs geared toward women of color are making inroads, causing her organization to fall apart.

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