AAF Files Amicus on Nasdaq Rule Demanding Diversity on Corporate Boards

March 28th, 2024

Advancing American Freedom led an amicus brief with over 20 other amici in Alliance for Fair Board Recruitment v. SEC, in which the Alliance for Fair Board Recruitment is asking the Fifth Circuit en banc to overturn the three-judge panel’s holding that the Securities and Exchange Commission’s approval of a proposed Nasdaq rule that requires corporate boards either to have artificially imposed “diversity” or to explain why they are not diverse.

“Martin Luther King, Jr. expressed the fundamental philosophy of the Equal Protection Clause of the Fourteenth Amendment when he shared his dream that his children would ‘one day live in a nation where they will not be judged by the color of their skin but by the content of their character,’” said J. Marc Wheat, AAF General Counsel. “The Fifth Circuit should reverse the panel’s decision. Corporate boards should be selected based on competence in their one job, generating a return for investors, not irrelevant demographic characteristics.”

You can read the full amicus brief here.