Consovoy McCarthy, a conservative law firm, celebrated a significant victory as the U.S. Supreme Court agreed to strike down race-based college admissions policies. However, the occasion was bittersweet for the firm’s co-founder, Thomas McCarthy, as his partner, William Consovoy, had passed away earlier in the year at the age of 48. McCarthy attributed their success to Consovoy’s brilliant vision, skillful strategy, and boundless energy.
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 University and the University of North Carolina. The firm’s efforts were instrumental in these victories, but the absence of William Consovoy was deeply felt.
Another partial victory came for the law firm when the Supreme Court blocked President Joe Biden’s plan to forgive $430 billion in student loan debt. Consovoy McCarthy lawyers represented two college graduates who were ineligible for full student debt relief, filing one of two cases challenging Biden’s executive order. While the graduates did not suffer the harm necessary to sue over the plan, the Supreme Court ruled in favor of a related challenge from Republican-led states seeking to block the order.
The recent affirmative action and student loan decisions delivered by the Supreme Court’s 6-3 conservative majority highlight the court’s rightward shift and Consovoy McCarthy’s central role in the contemporary conservative legal movement. Over the past decade, the Arlington, Virginia-based firm, which now boasts over 20 lawyers, has represented the Republican National Committee, several Republican officials, and spearheaded lawsuits on behalf of former President Donald Trump regarding his financial records.
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Affirmative action had long been a target for William Consovoy. Students for Fair Admissions became the firm’s first client when he and McCarthy left the prominent Washington firm Wiley Rein to establish their practice in 2014. In its early days, the firm was akin to a “two-man garage band,” as described by Edward Blum.
The small law firm skillfully led affirmative action lawsuits against Harvard and UNC, eventually reaching the Supreme Court. Prior to his passing, Consovoy personally presented arguments before the 1st Circuit U.S. Court of Appeals in the Harvard case. However, due to his illness from brain cancer, he was unable to argue at the Supreme Court, and the task was handled by two other partners at the firm, Cameron Norris and Patrick Strawbridge.
The attorneys contended that considering race in college admissions discriminated against white and Asian American students and violated the U.S. Constitution’s guarantee of equal protection. Supporters of the policy argued that it provided educational opportunities for underrepresented minority students and fostered a diverse range of perspectives on campuses.
Even before these recent rulings, Consovoy McCarthy had been involved in other legal battles. The state of Tennessee hired the firm to defend its law banning transition care for transgender minors. Additionally, ongoing cases include challenges against a fellowship program at pharmaceutical giant Pfizer that promotes diversity and targets Google for allegedly sending emails from the Republican National Committee to users’ spam folders.
Consovoy McCarthy’s successes in the courtroom and representation of conservative causes have solidified its position as a prominent player in the conservative legal landscape. As the U.S. Supreme Court continues to lean right, the firm’s influence and impact will likely grow further, shaping key legal decisions and policies in the coming years.
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