A national civil liberties group is taking legal action against the West Virginia State Bar, challenging a longstanding policy that reserves a seat on its 26-member Board of Governors specifically for a Black member. Filed in federal court on December 20, the lawsuit alleges that this policy, which also restricts voting for that seat to Black bar members, is unconstitutional. The case draws attention to broader legal debates ignited by the U.S. Supreme Court’s 2023 ruling against race-based affirmative action in college admissions.
The Foundation Against Intolerance and Racism, which advocates for a color-blind approach to public policy, contends that the practice violates the Equal Protection Clause and the Fifteenth Amendment, which guarantees voting rights regardless of race. The organization is represented by the Pacific Legal Foundation, a group known for supporting conservative causes.
The seat, designated for a Black member since 1985, is up for election again in 2025. The plaintiffs argue that the current system creates a racially exclusive process for nominations, elections, and voting—a stance that echoes growing resistance to diversity initiatives in public and private institutions nationwide.
This lawsuit comes on the heels of a New Jersey appellate court’s decision, which upheld the practice of reserving seats for underrepresented groups on the state’s bar association board. Meanwhile, states like Florida and Wisconsin have seen significant shifts in their approach to diversity policies, following the Supreme Court’s landmark decision.
As the legal landscape surrounding race-based policies evolves, this case marks another chapter in the ongoing debate over diversity and inclusion practices within legal and governmental institutions.
