Court splits on requirement to establish standing in case over racial diversity program

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted April 9, 2024 11:36 AM

On appeal from an order that denied an association’s request for a preliminary injunction blocking Pfizer Inc.’s racial diversity program, the 2nd U.S. Circuit Court of Appeals split on whether an association that asks for this extraordinary remedy “must name at least one injured member” to establish “associational standing” under Art. III of the U.S. Constitution.Pfizer’s Breakthrough Fellowship Program seeks “to advance students and early career colleagues of Black/African American, Latino/Hispanic, and Native American …

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