Attorney General Raoul leads coalition defending diversity initiatives
Chicago — Attorney General Kwame Raoul, leading a coalition of 19 attorneys general, issued a letter to the American Bar Association (ABA), Fortune 100 company CEOs, and other leaders to refute attacks on diversity, equity, and inclusion efforts.
The letter responds to one sent to the ABA by another group of attorneys general on June 3. That letter claimed that the association’s standard on diversity and inclusion violates the U.S. Supreme Court’s ruling in Students for Fair Admissions Inc. v. President and Fellows of Harvard College (SFFA). The June 3 letter is part of several attempts by opponents of racial equality to expand the reach of the Supreme Court’s ruling beyond its scope.
“The U.S. Supreme Court’s narrow ruling in SFFA addressed the limited context of race-conscious higher education admission decisions. It did not extend to all programs aimed at promoting diversity, equity and inclusion,” Raoul said. “Opponents of racial equity are attempting to use the court’s ruling to further their own unrelated priorities. Diversity initiatives are not just laudable goals; they are also broadly popular and good for business.”
Since the U.S. Supreme Court’s June 2023 ruling that higher education institutions generally may not consider race in admission decisions, groups seeking to dismantle broader programs aimed at reducing racial inequities have attempted to use the ruling to justify their actions.
After the 2023 ruling, Raoul and other attorneys general sent a letter applauding corporate efforts to recruit diverse workforces and create inclusive environments, clarifying that these programs remained legal.
Today’s letter reinforces that support and reiterates that diversity, equity, and inclusion initiatives remain legal. It also provides new information about attempts by opponents to undermine those efforts with claims that inclusivity programs are discriminatory.
Raoul and his colleagues note that the ABA standard's requirement for law schools to provide opportunities for underrepresented groups is already mandated under U.S. Constitution and antidiscrimination statutes. The standard does not require admissions decisions based on race or ethnicity.
The attorneys general highlight studies showing progress in corporate America toward equitable representation in workforces, leadership, and boards due to diversity efforts. Companies with diverse leadership teams show higher financial returns and social impact scores compared with less diverse companies.
They also emphasize that diversity efforts are popular among Americans: more than half believe companies should follow public pledges supporting racial justice with concrete action; 70% want transparency from brands on addressing social issues; 78% support businesses taking active steps toward reflecting American population diversity.
Joining Raoul in signing the letter are attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan Minnesota Nevada New Jersey New York Oregon Rhode Island Vermont Washington District Columbia