When I was an undergraduate at the University of Michigan, the case of Grutter v. Bollinger was working its way through the federal courts. Lee Bollinger was president of the university, and as such was the named defendant in a case challenging our law school’s admissions process.
The litigation ended in 2003 with a U.S. Supreme Court ruling that a student admissions process that favors “underrepresented minority groups” did not violate the 14th Amendment’s Equal Protection Clause so long as it took into account other factors evaluated on an individual basis for every applicant.
Justice Sandra Day O’Connor wrote in the majority opinion that “race-conscious admissions policies must be limited in time,” adding that the “Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.”
Twenty years later, Grutter v. Bollinger was effectively overturned when the Supreme Court reversed course and held that “the guarantee of equal protection cannot mean one thing when applied to one individual and something else when applied to a person of another color.”
By that time, though, a broader societal movement was underway — diversity, equity and inclusion (DEI) programs designed to address systematic disadvantages, strengthen organizations by promoting diverse viewpoints and advance society.
In 2025, though, DEI has become a politicized pejorative. DEI programs, despite their well-intentioned beginnings, have been reviled, defunded and eliminated. Any policy that takes race, sex, religion or other such characteristics into account — even if intended to promote equality — is thought to reinforce those distinctions rather than eliminate them.
Even so, it is still true that the wise community encourages a multiplicity of viewpoints.
I am proud that, among our nearly 30 committees, the Jacksonville Bar Association’s Diversity and Inclusion Committee continues to be part of our outstanding programming. We want to hear different viewpoints — special thanks to my colleagues Stacey DeVall and Danny Bencivenga for leading this year’s committee.
Building a more accepting and equitable legal profession serves JBA’s core mission of furthering the administration of justice. At its best, our profession is about helping people navigate a system that is often complex and overwhelming. It’s about fairness, advocacy, and ensuring the rule of law works for everyone.
It also means recognizing the variety of experiences of people we serve and establishing systems that uphold dignity for all.
The banner of DEI has been both championed and reviled, but politics aside, the ideals are not so divisive. Those ideals still have a place in the public sphere.
Justice O’Connor’s hopeful vision for a colorblind society is still the right goal. If we remain committed to diversity of perspective and the principle of fair access, the day she envisioned may not be far off.
Brian Coughlin is the president of the Jacksonville Bar Association for 2025-26. He is also a director at Bedell Law Firm, focusing on criminal justice matters.