AG Wilson Challenges DEI Quotas for Racial Discrimination

AG: South Carolina News

Filed March 25th, 2026

Detected March 26th, 2026

Summary

Attorney General Alan Wilson, joined by 17 other states, filed an amicus brief supporting a challenge to the New Jersey State Bar Association's DEI quotas for its leadership board. The states argue that these quotas constitute unlawful racial discrimination, violating the First Amendment.

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What changed

Attorney General Alan Wilson of South Carolina, along with 17 other states, has filed an amicus brief challenging the New Jersey State Bar Association's DEI quotas for its leadership board. The filing, led by West Virginia, asserts that the association's practice of setting aside leadership seats for specific racial groups constitutes unlawful race and sex discrimination, arguing that such quotas are not protected by the First Amendment and that "diversity" goals do not provide a constitutionally sound basis for discrimination. The states emphasize a focus on merit over "woke politics."

This action signals a coordinated effort by multiple state attorneys general to challenge DEI initiatives perceived as discriminatory. While this is an amicus brief and not a direct enforcement action against regulated entities, it indicates a heightened regulatory and legal scrutiny of DEI practices. Compliance officers should monitor legal challenges and potential shifts in interpretation regarding DEI policies, particularly those involving explicit racial or gender-based quotas, as these could lead to future litigation or regulatory guidance impacting hiring, promotion, and board composition practices.

What to do next

Review internal DEI policies for potential race or sex-based quotas.
Consult legal counsel regarding the implications of this legal challenge on current DEI practices.
Monitor further legal developments in challenges to DEI initiatives.

Source document (simplified)

MAR 25, 2026

Attorney General Alan Wilson stands against woke DEI practices

(COLUMBIA, S.C.) – Attorney General Alan Wilson joined West Virginia and 16 other states supporting a challenge to the New Jersey State Bar Association’s DEI quotas for its leadership board.

The States argue that the N.J. State Bar Association is using the First Amendment as an excuse to discriminate based on race. The association sets aside leadership seats for certain preferred racial groups.

“Racial quotas are not protected by the First Amendment and are unlawful,” Attorney General Wilson stated. “Many of those who promote ‘diversity, equity, and inclusion’ are judging people by their gender or the color of their skin, not by their character and contributions to the organization. We should be focused on merit, not woke politics.”

The Free Speech Clause of the First Amendment protects speech and expressive association. However, the States point out that not all conduct is “speech” and not all association is expressive. “Diversity” goals provide no constitutionally coherent reason to engage in otherwise unlawful race and sex discrimination.

In addition to South Carolina, attorneys general from the following states joined the West Virginia-led filing: Alabama, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, and Texas.

The full amicus brief can be read here.

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