Case: American Alliance For Equal Rights v. American Bar Association

1:25-cv-03980 | U.S. District Court for the Northern District of Illinois

Filed Date: April 12, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges white students’ ineligibility to apply for a scholarship offered by the American Bar Association (ABA).  On April 12, 2025, the American Alliance for Equal Rights (AAER), a nonprofit organization “dedicated to challenging distinctions and preferences made on the basis of race and ethnicity,” filed suit in the U.S. District Court for the Northern District of Illinois against the ABA on behalf of “Member A,” a dues-paying member of the AAER who had been admitted to an ABA-acc…

This case challenges white students’ ineligibility to apply for a scholarship offered by the American Bar Association (ABA). 

On April 12, 2025, the American Alliance for Equal Rights (AAER), a nonprofit organization “dedicated to challenging distinctions and preferences made on the basis of race and ethnicity,” filed suit in the U.S. District Court for the Northern District of Illinois against the ABA on behalf of “Member A,” a dues-paying member of the AAER who had been admitted to an ABA-accredited law school. They alleged that the ABA’s “Legal Opportunity Scholarship,” a $15,000 scholarship offered to 20-25 incoming law students of “under-represented minorities” every year, explicitly and implicitly excluded white students, thus violating 42 U.S.C. §1981, which prohibits discrimination in contractual relationships. The AAER sought declaratory relief, preliminary relief enjoining the ABA from selecting winners, permanent injunctive relief enjoining the ABA from using race in its scholarship determinations, equitable relief as necessary to “undo defendants’ discrimination," and costs and attorneys’ fees. The case was assigned to Judge Joan B. Gottschall.

On June 16, 2025, the ABA filed a motion to dismiss for failure to state a claim. However, the AAER filed an amended complaint on June 25, 2025, that added “Member B,” a second dues-paying member allegedly injured by the ABA’s scholarship requirements, and added allegations supporting both members’ injuries.On July 8, 2025, the court declared the ABA’s motion to dismiss mooted by the amended complaint. The ABA filed a second motion to dismiss on July 30, 2025 asserting lack of Article III standing and failure to state a claim.

At some point thereafter, the ABA changed the language of its scholarship criteria. It eliminated the requirement that applicants must be from “ethnic minority” or “underrepresented racial” groups, instead requiring applicants to demonstrate “a strong commitment to advancing diversity, equity, and inclusion.” AAER filed a notice to the court on October 31, 2025 informing the court of this change. The ABA disputed the AAER’s notice on November 5, 2025. On November 6, 2025, the court, unwilling to “follow the parties down this rabbit hole,” struck both filings from the record.

On January 21, 2026, the court granted in part and denied in part the ABA’s motion to dismiss. 2026 WL 161596. The court held that the AAER’s Member A, who had gathered all scholarship application materials and created an account on the ABA’s application portal, was sufficiently “ready, willing, and able to apply” to support standing, even though he did not actually submit an application. If concluded that  Member B, who intended to apply for law school and the scholarship the following year, lacked standing. The court found that the AAER had sufficiently stated a claim, as the alleged license granted to the ABA by the scholarship applicants to use their copyrighted material in exchange for receipt of the scholarship created a contractual relationship governed by 42 U.S.C. §1981. The court declined to rule on the ABA’s First Amendment defense, seeking further factual development. Thus, the case  proceeded as to Member A. 

On March 3, 2026, the court extended the AAER’s deadline to file a second amended complaint to April 3, 2026. As of March 19, 2026, this case is ongoing. 

 

Summary Authors

Audrey Li (4/14/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69885384/parties/american-alliance-for-equal-rights-v-american-bar-association/


Judge(s)

Gottschall, Joan B. (Illinois)

Attorney for Plaintiff

Anderson, R. Gabriel (Illinois)

Kairey, Julius Isaac (Illinois)

Mccarthy, Thomas R. (Illinois)

Attorney for Defendant

Funderburg, Katherine (Illinois)

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Documents in the Clearinghouse

Document
1

1:25-cv-03980

Complaint for Declaratory and Injunctive Relief; Verified Derivative Complaint for Declaratory and Injunctive relief

State of California v. Wright

April 12, 2025

April 12, 2025

Complaint
19

1:25-cv-03980

Verified Amended Complaint

American Alliance for Equal Rights v. American Bar Association

June 25, 2025

June 25, 2025

Complaint
37

1:25-cv-03980

Memorandum Opinion and Order

American Alliance for Equal Rights v. American Bar Association

Jan. 21, 2026

Jan. 21, 2026

Order/Opinion

2026 WL 161596

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69885384/american-alliance-for-equal-rights-v-american-bar-association/

Last updated March 19, 2026, 11:50 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by American Alliance For Equal Rights; Filing fee $ 405, receipt number AILNDC-23341094. (Attachments: # 1 Civil Cover Sheet, # 2 Corporate Disclosures)(Pociask, Matthew) (Entered: 04/12/2025)

1 Civil Cover Sheet

View on PACER

2 Corporate Disclosures

View on PACER

April 12, 2025

April 12, 2025

Clearinghouse
2

ATTORNEY Appearance for Plaintiff American Alliance For Equal Rights by Matthew Pociask (Pociask, Matthew) (Entered: 04/12/2025)

April 12, 2025

April 12, 2025

3

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-23342598. (Norris, Cameron) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

RECAP

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (qrtr, )

April 14, 2025

April 14, 2025

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (qrtr, )

April 14, 2025

April 14, 2025

clerk's notice

April 14, 2025

April 14, 2025

case assigned

April 14, 2025

April 14, 2025

4

MINUTE entry before the Honorable Joan B. Gottschall: Attorney Cameron T. Norris's motion to appear pro hac vice 3 on behalf of the plaintiff American Alliance for Equal Rights is granted. Mailed notice (mjc, ) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

5

ORDER: An initial status report is due on or before June 16, 2025. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at https://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within fourteen days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report.If, by the due date of the scheduled status report, defendants have not been served, plaintiff should email chambers_gottschall@ilnd.uscourts.gov to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 4/15/2025. Mailed notice(mjc, ) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

6

ATTORNEY Appearance for Defendant American Bar Association by Joseph James Torres (Torres, Joseph) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

7

ATTORNEY Appearance for Defendant American Bar Association by Katherine Funderburg (Funderburg, Katherine) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

8

WAIVER OF SERVICE returned executed by American Alliance For Equal Rights. American Bar Association waiver sent on 4/15/2025, answer due 6/16/2025. (Norris, Cameron) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

9

MINUTE entry before the Honorable Joan B. Gottschall: Defendant is instructed to file its Local Rule 3.2 notice of affiliates on or before May 2, 2025.Mailed notice (mjc, ) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

10

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by American Bar Association (Torres, Joseph) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

11

ATTORNEY Appearance for Plaintiff American Alliance For Equal Rights by Adam K Mortara (Mortara, Adam) (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

12

MOTION for Leave to Appear Pro Hac Vice on behalf of American Alliance For Equal Rights by R. Gabriel Anderson; Filing fee $ 150, receipt number AILNDC-23551997. (Anderson, R. Gabriel) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

13

MINUTE entry before the Honorable Joan B. Gottschall: Attorney R. Gabriel Anderson's motion to appear pro hac vice on behalf of Plaintiff 12 is granted. Mailed notice. (kp, ) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

14

MOTION for Leave to Appear Pro Hac Vice on behalf of American Alliance For Equal Rights by Thomas McCarthy; Filing fee $ 150, receipt number AILNDC-23553524. (McCarthy, Thomas) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

15

MINUTE entry before the Honorable Joan B. Gottschall: Attorney Thomas R. McCarthy for American Alliance For Equal Rights' motion to appear pro hac vice on behalf of the plaintiff 14 is granted. Mailed notice (mjc, ) (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

16

STATUS Report by American Alliance For Equal Rights (Pociask, Matthew) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

17

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant American Bar Association (Attachments: # 1 Memorandum of Law in Support of Defendant's Motion to Dismiss)(Torres, Joseph) (Entered: 06/16/2025)

1 Memorandum of Law in Support of Defendant's Motion to Dismiss

View on RECAP

June 16, 2025

June 16, 2025

18

MINUTE entry before the Honorable Joan B. Gottschall: By agreement of the parties reflected in ¶ 9 of the joint initial status report 16, discovery is stayed pending resolution of defendant's motion 17 to dismiss the complaint. Plaintiff reserves the right to file non-discovery-related motions during this stay. Id. The court sets the following briefing schedule on defendant's motion to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted: plaintiff's response is due by and including July 15, 2025; and defendant's reply, if any, is due by and including August 5, 2025. Mailed notice (mjc, ) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

19

AMENDED complaint by American Alliance For Equal Rights against American Bar Association (Norris, Cameron) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

Clearinghouse
20

MOTION by Defendant American Bar Association for extension of time and to Set Briefing Schedule on Motion to Dismiss (Unopposed) (Torres, Joseph) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

21

MINUTE entry before the Honorable Joan B. Gottschall: Defendant's unopposed motion 20, filed July 7, 2025, for extension of time and to set briefing schedule is granted. By request of defendant, its motion 17 to dismiss the original complaint is denied as moot in light of the filing of the amended complaint 19 on June 25, 2025. Defendant's deadline to answer or otherwise respond to the amended complaint 19 is extended to and including July 30, 2025. By agreement, briefing on defendant's anticipated motion to dismiss the amended complaint will proceed as follows. Plaintiff's response is due by and including August 27, 2025. Defendant's reply, if any, is due by and including September 17, 2025. Mailed notice (mjc, ) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

RECAP
22

MOTION for Leave to Appear Pro Hac Vice on behalf of American Alliance For Equal Rights by Julius Isaac Kairey; Filing fee $ 150, receipt number AILNDC-23731181. (Kairey, Julius) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

23

MINUTE entry before the Honorable Joan B. Gottschall: Attorney, Julius Isaac Kairey's Motion to appear pro hac vice on behalf of plaintiff 22 is granted. (rbf, ) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

24

MOTION by Defendant American Bar Association to dismiss (Attachments: # 1 Memorandum of Law in Support of Defendant's Motion to Dismiss)(Torres, Joseph) (Entered: 07/30/2025)

1 Memorandum of Law in Support of Defendant's Motion to Dismiss

View on RECAP

July 30, 2025

July 30, 2025

25

MOTION by Plaintiff American Alliance For Equal Rights for leave to file excess pages in its brief in opposition to Defendant's motion to dismiss (Norris, Cameron) (Entered: 08/21/2025)

Aug. 21, 2025

Aug. 21, 2025

26

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's unopposed motion 25 for leave to file a brief in excess of fifteen pages, filed August 21, 2025, is granted. Plaintiff is instructed to file its twenty page response brief as a separate docket entry by and including August 25, 2025. Mailed notice. (mma, ) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

27

MINUTE entry before the Honorable Joan B. Gottschall: Orders entered on Friday, August 22, 2025, were entered erroneously. All orders dated August 22, 2025, are withdrawn. Corrected orders will follow later today. Mailed notice. (mma, ) (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

28

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's unopposed motion 25 for leave to file a brief in excess of fifteen pages, filed August 21, 2025, is granted. Plaintiff is instructed to file its twenty page response brief as a separate docket entry by and including August 26, 2025. Mailed notice. (kp, ) (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

29

RESPONSE by American Alliance For Equal Rightsin Opposition to MOTION by Defendant American Bar Association to dismiss 24 (Norris, Cameron) (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

RECAP
30

REPLY by American Bar Association to MOTION by Defendant American Bar Association to dismiss 24 / Reply in Support of Defendant's Motion to Dismiss (Torres, Joseph) (Entered: 09/17/2025)

Sept. 17, 2025

Sept. 17, 2025

31

NOTICE by American Bar Association re MOTION by Defendant American Bar Association to dismiss 24 re: Supplemental Authority (Torres, Joseph) (Entered: 10/15/2025)

Oct. 15, 2025

Oct. 15, 2025

32

NOTICE by American Alliance For Equal Rights regarding Defendant's changes to the challenged scholarship (Norris, Cameron) (Entered: 10/31/2025)

Oct. 31, 2025

Oct. 31, 2025

RECAP
33

MOTION by Defendant American Bar Association for leave to file Response to Plaintiff's Notice Regarding Changes to the Challenged Scholarship (Attachments: # 1 Exhibit A - Response to Notice)(Torres, Joseph) (Entered: 11/05/2025)

Nov. 5, 2025

Nov. 5, 2025

34

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff filed a Notice 32 informing the court of a change in defendant's scholarship program. Why plaintiff did so is a mystery since no relief was requested. Plaintiff appeared to be anticipating that defendant would at some point argue that the case is moot. However, defendant has not done so, and if it ever does so, the court will of course hear from plaintiff on that issue. Now, defendant desires to file a Response to the Notice 33 . As far as the court can tell, the only relevance of the Response is to correct alleged misstatements in the Notice. Until some relevance to the issues before the court is made clear, the court is unwilling to follow the parties down this rabbit hole. The Notice 32 is therefore stricken, and the Motion for Leave to File Response 33 is denied. Mailed notice (mjc, ) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

35

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice. (tg, ) (Entered: 01/01/2026)

Dec. 31, 2025

Dec. 31, 2025

36

MINUTE entry before the Honorable Joan B. Gottschall: For the reasons stated, the ABA's motion to dismiss the amended complaint, Dkt. No. 24, is granted in part and denied in part. The amended complaint is dismissed for lack of Article III standing insofar as The Alliance's standing derives from Member B. The motion to dismiss the amended complaint's 42 U.S.C. § 1981 claim for failure to state a claim is denied. The court does not reach the ABA's First Amendment affirmative defense and implies no view on it or any related issues. If plaintiff wishes to amend, it must file a second amended complaint within 14 days, by and including February 4, 2026. If no second amended complaint is filed, defendant's answer is due on or before February 18, 2026. The parties are instructed to file a joint status report within fourteen days, by and including February 4, 2026, proposing a plan for giving notice in compliance with Federal Rule of Civil Procedure 5.1. Mailed notice (mjc, ) (Entered: 01/21/2026)

Jan. 21, 2026

Jan. 21, 2026

37

MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 1/21/2026. Mailed notice(mjc, )

Jan. 21, 2026

Jan. 21, 2026

Clearinghouse
38

MOTION by Plaintiff American Alliance For Equal Rights for extension of time (Attachments: # 1 Text of Proposed Order)(Norris, Cameron) (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

39

MINUTE entry before the Honorable Joan B. Gottschall: The Consent Motion for Extensions of Time 38 is granted. Plaintiff's second amended complaint is due by and including March 4, 2026, and defendant's response is due by and including March 25, 2026. Mailed notice (mjc, ) (Entered: 01/28/2026)

Jan. 28, 2026

Jan. 28, 2026

RECAP
40

STATUS Report (JOINT) by American Bar Association (Torres, Joseph) (Entered: 02/03/2026)

Feb. 3, 2026

Feb. 3, 2026

41

MINUTE entry before the Honorable Joan B. Gottschall: As requested in the parties' Joint Status Report 40, the next status report is due by and including February 25, 2026. Mailed notice (mjc, ) (Entered: 02/04/2026)

Feb. 4, 2026

Feb. 4, 2026

42

WITHDRAWING Matthew Pociask as counsel for Plaintiff American Alliance For Equal Rights and substituting Cameron Thomas Norris as counsel of record (Norris, Cameron) (Entered: 02/11/2026)

Feb. 11, 2026

Feb. 11, 2026

43

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's Notice of Withdrawal and Substitution of Counsel 42 is granted. Attorney Cameron Norris is substituted for Attorney Matthew Pociask. Mailed notice (mjc, ) (Entered: 02/12/2026)

Feb. 12, 2026

Feb. 12, 2026

44

STATUS Report (JOINT) by American Bar Association (Torres, Joseph) (Entered: 02/24/2026)

Feb. 24, 2026

Feb. 24, 2026

45

MINUTE entry before the Honorable Joan B. Gottschall: Pursuant to the parties' Joint Status Report 44, the next status report is due by and including March 27, 2026. If the parties would like the assistance of the assigned magistrate judge, Judge Weisman, they should so advise the court. Mailed notice (mjc, ) (Entered: 02/25/2026)

Feb. 25, 2026

Feb. 25, 2026

46

MOTION by Plaintiff American Alliance For Equal Rights for extension of time to file second amended complaint (Attachments: # 1 Text of Proposed Order)(Norris, Cameron) (Entered: 03/02/2026)

March 2, 2026

March 2, 2026

47

MINUTE entry before the Honorable Joan B. Gottschall: The plaintiff's Consent Motion for Extensions of Time 46 is granted. The deadline for plaintiff to file a second amended complaint is April 3, 2026, and the deadline for defendant's response is April 24, 2026. Mailed notice (mjc, ) (Entered: 03/03/2026)

March 3, 2026

March 3, 2026

Case Details

State / Territory:

Illinois

Case Type(s):

Public Accommodations/ Contracting/ Organizational Discrimination

Speech and Religious Freedom

Key Dates

Filing Date: April 12, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The American Alliance for Equal Rights (AAER), a legal nonprofit organization “dedicated to challenging distinctions and preferences made on the basis of race and ethnicity."

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Non-profit or advocacy

American Bar Association

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1981

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Northern District of Illinois 1:25-cv-03980

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

White

Recommended Citation