National Black Law Journal

This paper examines the constitutionality of diversity fellowship programs at major law firms, contextualized within recent Supreme Court rulings on affirmative action and ongoing legal challenges to diversity, equity, and includion (DEI) initiatives. The analysis begins by exploring the role and importance of diversity fellowship programs in promoting inclusion and addressing systemic inequities in the legal profession. The paper then delves into the implications of the Supreme Court's decisions on affirmative action for Black law students, highlighting the potential impact on admissions, educational experiences, and career opportunities. Furthermore, it scrutinizes the attacks on diversity fellowships by conservative legal activists and the subsequent changes made by law firms to their fellowship programs to avoid litigation. The discussion also considers the application of the American Bar Association's Rules of Legal Ethics to these diversity programs, questioning their constitutionality in light of recent legal developments. Through this analysis, the paper argues that while diversity fellowships are essential for fostering a more representative legal profession, they significant challenges in the current legal and political climate.