More than 20 Republican state attorneys general have raised substantial concerns about the American Bar Association’s (ABA) law school accreditation process, specifically related to its diversity, equity, and inclusion (DEI) requirements. A letter penned by Tennessee Attorney General Jonathan Skrmetti, and signed by 21 attorneys general including Texas Attorney General Ken Paxton, criticizes the ABA’s Standard 206 which mandates that law schools engage in race-based admissions and hiring.(Bloomberg Law)
The ABA’s accrediting body, which operates independently within the association, requires law schools to maintain a diverse student body and faculty. This includes taking specific measures to ensure opportunities for historically underrepresented groups, particularly racial and ethnic minorities. However, the letter from the attorneys general claims that such mandates could lead to potential discrimination violations.
The timing of this letter coincides with increased scrutiny on DEI initiatives, which have come under fire following the Supreme Court’s decision to limit the use of race in higher education admissions in June 2023. This ruling has resulted in significant reassessments of diversity policies across various institutions. In response to these developments, the Council of the ABA’s Section of Legal Education and Admissions to the Bar is currently re-evaluating Standard 206 and plans to adopt revised recommendations at its upcoming August meeting.
It is worth noting that law firms have also felt the impact of this heightened scrutiny on DEI initiatives. Last summer, firms like Morrison Foerster, Perkins Coie, and Winston & Strawn faced lawsuits and subsequently modified their DEI program eligibility requirements.(Bloomberg Law)
The letter from the attorneys general emphasizes that any revisions to the ABA’s standards should comply with federal law while maintaining the ABA’s commitment to establishing a strong legal and ethical foundation for the nation.