The American Bar Association (ABA) has quietly rewritten the rules for one of its most prominent diversity initiatives, removing the longstanding requirement that applicants belong to an “ethnic minority” or “underrepresented racial group.”
In place of race-based eligibility, the Legal Opportunity Scholarship now seeks candidates who can demonstrate “a strong commitment to advancing diversity, equity, and inclusion.” The updated guidelines appeared recently on the ABA’s website, with no formal announcement or fanfare.
This shift arrives in the wake of a lawsuit from the American Alliance for Equal Rights — a conservative organization led by Edward Blum, the strategist behind the Supreme Court case that ended race-conscious college admissions. The group contends that the 25-year-old scholarship, which offers $15,000 to 20–25 law students annually, unfairly excluded white applicants.
Even after the ABA’s revisions, the Alliance insists the legal fight is far from over. In a recent court filing, it argued that the case remains relevant and is now seeking nominal damages, claiming the association’s quiet rule change proves the original racial limits were never essential to its mission.
According to the ABA, the change stems from a resolution passed by its Board of Governors — a measure reaffirming its commitment to diversity while prohibiting eligibility rules tied to specific group identities. The organization says it had informed the court of this possibility after the lawsuit was filed.
This isn’t the first time the ABA has retooled its diversity programs in response to legal threats. Last year, it revised its Judicial Clerkship Program — which encourages judges to hire diverse clerks — by removing references to “minority students” and “communities of color.” That change followed a separate complaint from another conservative legal group alleging unlawful racial preferences.
For the ABA, the recalibration marks an attempt to walk a narrow path — maintaining its dedication to inclusion while navigating an increasingly hostile legal landscape where race-conscious initiatives are under attack.
