mayormccheezel.bsky.social
@mayormccheezel.bsky.social
Reposted by mayormccheezel.bsky.social
The guy making these concessions is a Bondi-appointed political appointee. Once he made this concession, it frees Howell to debunk the core DEI myth.
![More generally, the Mansfield Rule expressly does not establish any hiring quotas or other
illegally discriminatory practices, requiring only that participating law firms consider attorneys
from diverse backgrounds for certain positions. See Pl.’s 2019 Mansfield Press Release. At the
motions hearing, government counsel acknowledged that “[t]he way Mansfield works as far as
doing the interviews maybe isn’t so problematic.” Mots. Hr’g Tr. at 68:17-18. While a scenario
might exist where a law firm impermissibly strays from those commitments, the government has
provided no evidence of any such deviation here, or any other evidence that plaintiff has engaged
in any activity violative of any anti-discrimination law.28
28 Though conceding the use of the Mansfield Rule for interviews “isn’t so problematic,” Mots. Hr’g Tr. at
68:17-18, government counsel suggested the problem lies in the way the program “measur[es] their success,” by
“showing percentage increases” of qualified underrepresented talent in certain positions, which the government
assumes means the imposition of “targets” and “evaluating people on race, sex, and ethnic-based issues unrelated to
them as individuals,” id. at 68:19-23. This assumption about the metrics reported, however, presupposes that the
qualified underrepresented talent considered are given a positive preference when other explanations are just as
plausible for percentage increases of such talent. The principle underlying such programs is that negative biases
against qualified underrepresented lawyers, due to their race, sex, gender identity, disability or ethnicity, reduce their
likelihood of being selected as frequently to interview for positions for which they are qualified, but when firms
consider more underrepresented talent on their own individual merit and not disadvantaged for the traits “unrelated
to them as individuals,” id. at 68:23, firms tend to hire more of these individuals on their own merit.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:bbp2b224lro3bfnzcqwwnkfo/bafkreif464kb4ulwihhlqz56ujz2ribq7thoszycg4lw6of6xo645rwoni@jpeg)
May 2, 2025 at 11:26 PM
The guy making these concessions is a Bondi-appointed political appointee. Once he made this concession, it frees Howell to debunk the core DEI myth.