Bar Associations

Suit claims Texas state bar board maintains unconstitutional 'quota scheme' for four of its members

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State Bar of Texas

The group that challenged a race-conscious admissions program at the University of Texas has filed a lawsuit that contends the State Bar of Texas maintains “a race- and sex-based quota scheme” for its board of directors.

The Project on Fair Representation filed the suit (PDF) on behalf of a white male lawyer, Greg Gegenheimer, according to the Texas Lawyer (sub. req.) and a press release. Gegenheimer contends he is disqualified from four board positions because of a Texas law that says the bar’s board must include four minority members appointed by the state bar president.

A minority member is defined as a member of the state bar who is female, African-American, Hispanic-American, Native American, or Asian-American, the suit says.

The suit alleges an equal protection violation and seeks a court order barring the board from enforcing the rules.

In the University of Texas case, the U.S. Supreme Court upheld the school’s admissions program but warned of the need for more evaluation as the school collects more data on the impact.

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