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Coalition of States Pushes Back on Diversity Standards
Attorneys general from 21 Republican-controlled states have issued a stern warning to the American Bar Association (ABA), arguing that its law school diversity standards violate legal boundaries. This coalition, led by Tennessee Attorney General Jonathan Skrmetti, delivered a formal letter on Monday to the ABA’s accreditation arm, opposing both the current diversity rule and a proposed revision under review.
The coalition contends that the standards unlawfully enforce race-based hiring and admissions policies, which they claim are impermissible under U.S. law. Among the signatories are high-ranking legal officials from Florida, Texas, Ohio, Georgia, and other states.
ABA’s Diversity Standards Under Scrutiny
The Diversity and Inclusion standard, a cornerstone of ABA’s accreditation requirements, mandates law schools to demonstrate their commitment to diversity through measures such as admissions policies, recruitment practices, and programming. The ABA recently closed its public comment period on a revised version of this rule.
The proposed revision was prompted by the 2023 U.S. Supreme Court decision that barred the consideration of race in college admissions. This landmark ruling effectively ended affirmative action policies widely used to promote campus diversity, compelling the ABA to reevaluate its stance.
Mixed Reactions to Proposed Changes
The proposed updates to the Diversity and Inclusion standard have sparked fierce debate. The first draft, released in August, removed specific references to race, ethnicity, and gender, sparking criticism that it weakened efforts to diversify the legal profession. This feedback prompted the ABA to release a second draft in November.
The latest proposal requires law schools to demonstrate “concrete action” in fostering inclusion for historically excluded groups based on criteria such as race, gender identity, disability, military status, and socioeconomic background.
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Supporters, including the Law School Admission Council and several ABA entities, argue that the revised standard represents a balanced approach that complies with legal precedents while reinforcing the importance of diversity. On the other hand, conservative legal groups and Republican attorneys general claim it still imposes undue burdens on law schools and risks litigation.
Republican Attorneys General Double Down
The coalition of Republican attorneys general has consistently opposed the ABA’s diversity requirements. In a prior letter sent in June, they warned that the current standards expose law schools to potential lawsuits over admissions practices. Their latest letter amplifies these concerns, stating that both the existing and proposed standards could violate the Supreme Court’s decision and legal principles.
What’s Next for the ABA?
The ABA will now review the public comments submitted before deciding the next steps. Jennifer Rosato Perea, managing director of accreditation and legal education, emphasized that all feedback would be considered. The ABA’s Council of the Section of Legal Education and Admissions to the Bar is scheduled to meet on February 21, where it may vote on the proposed revisions.
The debate underscores the ongoing tension between efforts to diversify the legal profession and legal constraints on affirmative action policies. As the ABA navigates this complex landscape, its decision could have far-reaching implications for the future of legal education in the United States.
