The Diversity in the Profession Section of the Los Angeles County Bar Association is committed to increasing diversity and the representation of traditionally underrepresented groups in the legal profession. Accordingly, we write to express our concern regarding three recent decisions of the United States Supreme Court. 

First, we are profoundly disappointed in the Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, et al. Affirmative action in college admissions drives diversity by expanding opportunities to historically marginalized groups and helps ensure that college student bodies and the professions they enter reflect the rich diversity of our society. Despite being about 13.4% of the population, Blacks make up only about 4.5% of the legal profession in the U.S.[1] In California, Latinos comprise 36% of the state’s population, but only 7% of its lawyers.[2] The U.S. Supreme Court’s decision ending race-conscious affirmative action is a setback for efforts to diversify the educational pipeline leading to the legal profession.    

In addition, we are dismayed by the Supreme Court’s decision in the case of 303 Creative LLC v. Elenis, in which the Court ruled that a business open to the public can be granted a free speech exemption from state anti-discrimination laws to refuse service to same-sex couples. Setting aside the serious concern that the ruling is apparently based on hypothetical facts and not a justiciable case or controversy, the Court, as Justice Sotomayor noted, “for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class.” We are concerned about the wide-ranging implications of this decision and confirm our commitment to protect and promote the equal rights, respect, and dignity of all members of the LGBTQ+ community and other historically marginalized communities.

Finally, we are concerned about the ruling in Biden v. Nebraska, in which the Supreme Court struck down the Biden Administration’s plan to forgive student loan debt for 43 million Americans. This decision adversely affects lawyers who have pursued public interest and legal services jobs, and also places an obstacle in efforts to diversify the legal profession. 

Despite the Supreme Court’s recent decisions, the Diversity in the Profession Section remains committed to facilitating full and equal participation in the legal profession by members of historically underrepresented and disadvantaged communities. We urge our fellow LACBA members to use the sting of the recent decisions as motivation to support our mission to promote diversity and equity in the legal profession by becoming active at any level, joining in our educational and mentoring efforts, and helping us foster a pipeline of prepared, diverse lawyers to our profession.

[1] ABA, Profile of the Legal Profession (2023).

[2] California State Bar, Report Card on Diversity of California’s Legal Profession 4 (2022)

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