Law firm Consovoy McCarthy won significantly when the U.S. Supreme Court agreed to invalidate race-based college admissions policies. However, the firm's co-founder, Thomas McCarthy, expressed mixed emotions about the occasion. Sadly, William Consovoy, the other firm founder and a prominent conservative lawyer who spearheaded the lawsuit against affirmative action at Harvard University, passed away in January at 48.
McCarthy acknowledged Consovoy's invaluable contributions, stating, "It was his brilliant vision, skillful strategy, and boundless energy that paved the way for this success," in an interview with Reuters.
Consovoy McCarthy represented Students for Fair Admissions, a group founded by anti-affirmative action activist Edward Blum, in successful challenges against race-based admissions policies at Harvard and the University of North Carolina.
Reflecting on the decision's aftermath, Blum lamented, "Every time we got together and shook hands or hugged, we always recognized there was only one thing wrong with this picture - Will Consovoy wasn't here."
Although the Supreme Court concluded that the graduates did not suffer sufficient harm to file a lawsuit over the plan, it ruled in favor of a related challenge from Republican-led states seeking to block the order.
Both the affirmative action and student loan decisions, delivered by the high court's conservative majority of 6-3, highlighted the court's rightward shift and Consovoy McCarthy's role as a central player in the contemporary conservative legal movement.
The Arlington, Virginia-based firm, which has operated for over a decade, now boasts a team of more than 20 lawyers. It has represented the Republican National Committee and various Republican officials and spearheaded lawsuits on behalf of former President Donald Trump regarding his financial records.
Consovoy had long targeted affirmative action. Students for Fair Admissions was the firm's first client when he and McCarthy departed from the prominent Washington firm Wiley Rein to establish their practice in 2014.
Blum likened the firm's early days to a "two-man garage band."
The small law firm successfully litigated affirmative action lawsuits against Harvard and UNC, ultimately reaching the Supreme Court. Before his passing, Consovoy personally presented arguments before the 1st Circuit U.S. Court of Appeals in the Harvard case.
Consovoy, who previously served as a clerk to Supreme Court Justice Clarence Thomas, was set to argue before the Supreme Court last year but withdrew after falling ill with brain cancer. Two other partners at the firm, Cameron Norris and Patrick Strawbridge, handled the oral arguments.
The attorneys contended that considering race in college admissions decisions discriminated against white and Asian American students, thus violating the U.S. Constitution's guarantee of equal protection.
Supporters of affirmative action argued that it provided educational opportunities for underrepresented minority students, such as Black and Hispanic students, and broadened the range of perspectives on American campuses.
Even before this week's rulings, Consovoy McCarthy had prepared for other legal battles. The state of Tennessee recently enlisted the firm's services to defend its law banning transition care for transgender minors. Additionally, the firm is currently involved in ongoing cases challenging a fellowship program to enhance diversity at pharmaceutical giant Pfizer and accusing Google of diverting emails from the Republican National Committee to users' spam folders.
