The American Bar Association (ABA) recently decided to end its policy of reserving five seats on its Board of Governors specifically for women, racial minorities, and other underrepresented groups. The vote by the House of Delegates not only retains these five positions but also opens them up to any ABA member committed to advancing diversity, equity, and inclusion (DEI). This shift focuses on a demonstrable commitment to DEI rather than demographic criteria alone. Details of the vote can be found here.
The change in policy follows a broader internal and external discussion, including recent deliberations about reducing the number of reserved seats. Rather than scaling back, delegates maintained the five seats while eliminating demographic eligibility requirements. According to ABA statements, this move aligns with a 2025 resolution supporting Goal III, which focuses on eliminating bias and enhancing diversity within the organization.
This decision comes at a challenging time for the ABA, which has seen a decline in membership from nearly 400,000 in 2015 to 227,000 in 2024. The organization has also faced pressure from conservative legal groups and political figures, including former President Trump’s administration, which challenged the ABA’s diversity policies and questioned its role as the national accreditor for law schools.
While implementation of this new policy is deferred until August 31, 2026, it marks a significant departure from nearly four decades of precedent. The five DEI seats were originally established in 1986 to enhance representation within the ABA, which comprises 44 board members serving staggered three-year terms. This historic change underscores a broader re-evaluation of representation and inclusion in one of America’s most influential legal organizations.