A white, heterosexual, male law student who sued New York University claiming that its law school's flagship law review gives preference to women and minorities in violation of U.S. law may proceed with his case anonymously, at least for now, a Manhattan federal judge has ruled.
U.S. District Judge Victor Marrero did not explain his reasoning in his Tuesday order, but noted that NYU may seek to disclose the plaintiff's identity once the case is assigned to a judge.
The plaintiff — listed as John Doe in court papers — is in his first year at the NYU School of Law and intends to apply for a spot on the NYU Law Review in the summer of 2024, according to his October lawsuit.
Law review posts are prestigious positions that can help law students land jobs.
Doe is being represented by America First Legal — an organization headed by Stephen Miller, who had been an adviser to Republican former President Donald Trump. The plaintiff’s Nov. 14 motion asking to proceed under a pseudonym is sealed and lead attorney Ronald Berutti did not immediately respond to requests for comment Friday on why his client seeks to remain anonymous.
A spokesperson for NYU Law, which has not yet filed its response to Doe’s complaint, did not immediately respond to a request for comment Friday.
Doe’s complaint claims that NYU Law Review's selection policies for student editors and other staffers violate Title VI and Title IX, which prohibit racial and sex discrimination in education programs that receive federal funds, by making diversity a “prime consideration.”
The lawsuit marks the second time the NYU Law Review has been the target of litigation over its diversity policies in recent years. A different group run by conservative lawyer Jonathan Mitchell unsuccessfully sued it and the Harvard Law Review in 2018.
Doe’s suit is the first legal challenge to law review diversity policies following the U.S. Supreme Court’s June decision that prohibited race-conscious college and university admissions.
The case is John Doe v. New York University, U.S. District Court for the Southern District of New York, No. 1:23-mc-00398.
For Doe: Ronald A. Berutti of Murray-Nolan Berutti LLC
Read more:
Conservative group sues NYU, claiming selection of law journal student staff discriminates
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