Diversity, Equity, and Inclusion initiatives have overtaken academia and corporate America. And even more perniciously, they have crept into America’s courtrooms too. Courts around the country—federal and state—have implemented DEI initiatives in a variety of contexts, from determining who to hire as law clerks and support staff to deciding who should become judges to deciding how litigants and witnesses should be treated. Since we have a colorblind constitution, how can these initiatives be squared with the role of courts as impartial adjudicators? And how can they be squared with the U.S. Supreme Court’s recent rulings on affirmative action? In short, they cannot. Zack Smith, a legal fellow at The Heritage Foundation, will highlight a few these programs, talk about the harm they cause, and discuss potential avenues to push back against them.
