Attorneys General Urge ABA to Revise Diversity Standards in Wake of Supreme Court Ruling

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Attorneys general from 21 states are pressing the American Bar Association (ABA) to modify its diversity standards for law school accreditation following a significant U.S. Supreme Court decision that invalidated race-conscious admissions policies in higher education.

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Call for Change in Diversity Standards

  

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In a recent letter to the Council of the ABA’s Section of Legal Education and Admissions to the Bar, a coalition of Republican attorneys general argued that the ABA’s current standards, which mandate efforts to ensure diverse student bodies, faculty, and staff, are now in conflict with the Supreme Court’s June 2023 ruling. This decision deemed race-conscious admissions policies unconstitutional, citing a violation of the Equal Protection Clause.

Concerns Over Legal Compliance

The group, led by Tennessee Attorney General Jonathan Skrmetti, emphasized that despite ongoing discussions within the ABA about amending these diversity requirements, the proposed changes still pose a dilemma for law schools. They contend that the new language could compel institutions to choose between maintaining accreditation and adhering to the law. The letter explicitly criticizes the ABA for potentially subjecting law schools to “punitive civil-rights litigation” by requiring race-based considerations that are now deemed illegal.

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ABA’s Response and Future Actions

Jennifer Rosato Perea, the managing director of ABA accreditation and legal education, acknowledged the ongoing review of the diversity standards. She stated that the council plans to finalize recommendations at its August meeting. These recommendations will then undergo a notice and comment period, allowing for public input before any changes are implemented.

Conclusion

The dialogue between the state attorneys general and the ABA highlights the ongoing debate over diversity in higher education and the implications of the Supreme Court’s ruling on institutional policies. As the ABA navigates these legal and ethical challenges, the future of diversity standards in law school accreditation remains a critical issue for both legal educators and policymakers.

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