Washington, D.C. — Boyden Gray PLLC Managing Partner Jonathan Berry said today that the fight against unconstitutional race and sex discrimination in corporate America will continue. This follows the U.S. Court of Appeals for the Fifth Circuit’s decision, which upheld SEC approval of Nasdaq’s corporate board diversity quotas. 

Representing the Alliance for Fair Board Recruitment, Berry argued in court last year against the unconstitutional quotas. The Securities and Exchange Commission (SEC) had issued an order approving the rule, obligating both Nasdaq to enforce the quotas against companies and the SEC to ensure that enforcement. The court upheld the order and rule, exposing a staggering number of companies to race and sex quotas. 

“We are disappointed by the Court’s decision in this case,” said Berry. “This rule is in obvious violation of the equal protection guarantees in the Fifth Amendment, and we will continue the fight to eliminate race and sex discrimination in corporate America.”

Boyden Gray is engaged in a multi-front fight against efforts across the nation to impose progressive politics on American boardrooms:

  • In August, the firm along with America First Legal and Lawson Huck Gonzalez filed a lawsuit against Target Corporation and its Board of Directors on behalf of a Target shareholder for misleading Target investors about its Environmental, Social, and Governance (ESG) and Diversity, Equity, and Inclusion (DEI) mandates, causing Target shareholders to lose billions.
  • In May, the firm and the Alliance for Fair Board Recruitment welcomed a landmark ruling from the U.S. District Court for the Eastern District of California holding that AB 979 — a California law mandating racial diversity quotas for corporate boards — violates the Constitution and the Civil Rights Act of 1866.
  • Also in May, the firm led a lawsuit against the SEC in the U.S. Court of Appeals for the Fifth Circuit, seeking to hold the agency accountable for helping Kroger engage in viewpoint discrimination. The court stayed the SEC’s action while the lawsuit continues.     

Boyden Gray provides clients with strategic counsel, regulatory engagement, and impact litigation on the most difficult issues across law, public policy, and politics. The firm advises clients—including corporations, shareholders, trade associations, and workers—across a range of sectors, including energy, financial services, healthcare, and nonprofit. Its attorneys are experienced litigators regularly representing clients before federal trial and appellate courts, including parties and amici before the Supreme Court of the United States. 

For additional information or more media inquiries, please contact media@boydengray.com.

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