Law Schools

Stephen Miller's NYU John Doe Won't Get His Day In Court

Sorry for your loss, John Doe.

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Sad guy is standing and looking down. He is upset. Man is holding a wistle in his mouth and has a birthday hat on the head. Isolated on blue background.Right before Stephen Miller decided to sue Macy’s for discriminatory hiring around the only time that people actually care about the department store, he had his sights on NYU’s Law Review. He launched a class action for straight white males who were being haunted by big bad WOKE. If you weren’t caught up on it that’s okay, it’s already blown over. Bloomberg Law has coverage:

A Manhattan federal judge dismissed a lawsuit attacking New York University’s prestigious law review for bias against White men.

“Although the Law Review considered sex, race, gender identity, or sexual orientation before the Supreme Court’s decision in SFFA, nothing about this practice was unlawful,” Judge Vernon Broderick said in his dismissal Thursday…“Accordingly, the Law Review’s lawful practices of the past do not and cannot give rise to a plausible inference of discrimination today,” Broderick wrote in his opinion.

In short, there’s a ripeness issue. Nothing about NYU’s Law Review practices should be taken to mean that they will keep going on as usual, hell — the next bunch of students may very well be able to share the same Fenty 110 foundation without turning any heads. That said, don’t be surprised if a similar suit gets brought up over language used in the application process or a finalized Law Review editorial board looks a little too ethnic for someone’s liking. A couple changes in language won’t be enough to stop the Millers out there from filing proxy suits.

Stephen Miller’s DEI Lawsuit Against NYU Law Review Is Dismissed (1) [Bloomberg Law]

Earlier: Stephen Miller Takes Break From Suing Gay Pop-Tarts To Sue NYU Law Review

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.

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