Case for Diversity. A 1997 experience taught me both the power of pro bono work and the need to fight for equality

• Author: Reginald Turner
• Pages: 6-6

President’s Letter

Case for

Diversity

A 1997 experience taught me

both the power of pro bono work

and the need to fight for equality

BY REGINALD TURNER

Diversity, justice and equality

are vitally important to

our nation’s health. That’s

why diversity, equity and

inclusion are among the American Bar

Association’s core goals.

For attorneys, a professional ob-

ligation exists to pursue justice and

equality, especially for vulnerable popu-

lations. And volunteering for pro bono

work is one of the most fullling ways

to do this.

The importance of pro bono legal

services became clear to me in a very

personal way 25 years ago, when I

was part of a diverse group of lawyers

enlisted to aid the University of Mich-

igan when it was sued for promoting

diversity in its student body.

The Michigan cases confronted our

nation with critical questions of justice

and equality, and as always, lawyers

played a pivotal role in the struggle.

After years of intense litigation, in

June 2003, the University of Michigan

and an unprecedented coalition of

academic, business, civic and profes-

sional groups celebrated the landmark

decisions of the U.S. Supreme Court in

the Michigan diversity cases (Grutter

v. Bollinger and Gratz v. Bollinger).

The opinions reinforced the value of

diversity as a central justication for the

consideration of race in admissions.

I worked with some of the nest civil

rights lawyers in the nation for six years

as these cases made their way to the Su-

preme Court. I could not help but feel

we were channeling Thurgood Marshall

when he led the NAACP Legal Defense

Fund on an unprecedented string of

victories in the Supreme Court. I felt

as if he were there with us, urging us

to think and to nd the less-than-obvi-

ous arguments that could persuade the

court to do justice once more.

When the decisions came down,

Justice Sandra Day O’Connor’s

thoughtful majority opinion in Grutter

and her concurrence in Gratz reached

the conclusion—perhaps swayed by a

record number of amicus briefs assert-

ing the need to prepare all students for

an increasingly diverse society—that a

narrowly tailored diversity admissions

plan is necessary to achieve a compel-

ling governmental interest.

O’Connor wrote in Grutter: “These

benets are not theoretical but real, as

major American businesses have made

clear that the skills needed in today’s

increasingly global marketplace can

only be developed through exposure to

widely diverse people, cultures, ideas

and viewpoints.”

The work continues

Now, nearly 19 years later, it is even

more clear that ignoring diversity in

education or the workplace takes the

nation in the wrong direction. Today,

the ABA Diversity and Inclusion Center

promotes collaboration, coordination

and communication to advance ABA

Goal III: to eliminate bias and enhance

diversity and inclusion throughout

the ABA, legal profession and jus-

tice system.

The center is a central clearinghouse

for ABA diversity resources, including

toolkits, programs, awards, publications

and fellowships. Through its many com-

missions and groups, the ABA addresses

issues pertaining to racial justice, dis-

ability rights, women’s rights, Hispanic

rights, sexual orientation and gender

rights as well as diversity in education

and many other areas.

In September, the ABA held its in-

augural Equity Summit—a highlight of

which was an appearance by Supreme

Court Justice Sonia Sotomayor—where

members of the legal community came

together to educate themselves and ex-

change insights on key diversity, equity

and inclusion challenges.

It is also clear that pro bono legal

services can have a tremendous impact.

My personal experience 25 years ago

dealt with diversity issues, but the need

for pro bono work exists in immigra-

tion and death penalty cases, veterans’

issues and so many more areas. The

COVID-19 pandemic has created even

greater needs for pro bono help.

The ABA Center for Pro Bono pro-

vides technical assistance and planning

advice to bar associations, pro bono

programs, legal services ofces, law

schools, corporate counsel, judges and

government attorneys.

Many attorneys point to a pro

bono case as their most fullling and

gratifying professional experience. My

personal experience took me to the

Supreme Court and a landmark diver-

sity case. While not all pro bono work

follows that path, I know that every

ABA lawyer can have the rich pro bono

experiences that so many others have

enjoyed. Q

Follow President Turner on

Twitter @ABAPresident or email

abapresident@americanbar.org.

Photo by Danny Duran

ABA JOURNAL | FEBRUARY–MARCH 2022

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