Race Day Live Two of the largest U.S. state bar associations are pushing back against an executive order by President Donald Trump targeting diversity, equity, and inclusion (DEI) efforts in the legal profession.
On Tuesday, Trump issued an order directing federal investigations into private-sector DEI programs, including those run by state and local bar associations.
These programs, according to the order, may involve “illegal discrimination or preferences.” The order also targets medical groups, universities, nonprofits, and public companies.
The State Bar of California, the largest in the country with over 197,000 members, stated on Wednesday that its DEI programs are not affected by the order, as they do not involve illegal practices.
Similarly, Massachusetts Bar Association President Victoria Santoro said their diversity initiatives comply with the law and criticized the government’s priorities, saying, “There are better ways to spend federal resources than targeting bar associations.”
This move is part of a broader campaign by Trump to challenge DEI efforts in both public and private sectors. It follows the 2023 Supreme Court decision that banned the consideration of race in college admissions, a ruling that emboldened opponents of DEI programs.
Conservative activist Edward Blum, who led the case against affirmative action, welcomed the executive order. He said it could force bar associations to end policies that use race or gender as criteria for board memberships, potentially avoiding further legal battles on a state level.
Bar associations are member-based organizations that advocate for lawyers and, in some cases, oversee licensing and discipline.
In recent decades, many have created programs to support underrepresented groups, including racial minorities, women, and LGBTQ lawyers.
While progress has been made, white lawyers still make up 77% of the profession, compared to 60% of the general U.S. population.
Programs run by bar associations often include scholarships, internships for diverse law students, and job fairs.
However, some of these initiatives have faced legal challenges. After the Supreme Court’s 2023 ruling, conservative groups sued several bar associations and law firms, alleging that such programs were discriminatory.
For example, in 2024, the American Bar Association (ABA) removed references to racial quotas from its judicial clerk diversity program after it was accused of using illegal criteria.
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Similarly, the State Bar of Wisconsin adjusted a diversity program following a lawsuit. Prominent law firms like Winston & Strawn and Morrison Foerster also revised their diversity fellowships in response to legal challenges.
The ABA, with 150,000 members and recognized as the accreditor of U.S. law schools, has made diversity a core part of its mission, drawing criticism from conservative groups.
A coalition of Republican state attorneys general has warned the ABA that its diversity-focused accreditation rules could be illegal.
Some DEI efforts have ended without lawsuits. In Florida, the state’s Supreme Court ordered the Florida Bar to stop funding diversity programs, citing the need to treat all members equally.
Despite mounting pressure, organizations like the California and Massachusetts bar associations remain committed to their diversity programs, arguing that they comply with the law and are essential for building an inclusive legal profession.
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