ABA Revises Law School Diversity Standards Post-Supreme Court Ruling
The American Bar Association (ABA) is set to make significant changes to its law school diversity and inclusion standards, following the U.S. Supreme Court’s 2023 decision that prohibits the use of race as a factor in college admissions. This ruling has prompted the ABA to reevaluate its guidelines to ensure compliance with the new legal framework.
Proposed Rule Changes: A Shift in Focus
On Friday, the ABA's law school accreditation body voted to gather public input on a revised diversity rule. The new proposal shifts the language from requiring schools to provide “full opportunities” for “racial and ethnic minorities” to ensuring access for “all persons including those with identities that historically have been disadvantaged or excluded from the legal profession.” This change represents a broader focus on access rather than specific identity groups.
The decision to revise the diversity standards comes amid pressure from various state attorneys general. In June, 21 Republican attorneys general argued that the current ABA standards violate the Supreme Court's ruling by mandating the illegal consideration of race. In contrast, 19 Democratic attorneys general defended the existing standards, asserting their legality.
Evolution of the ABA's Position
While the ABA was already in the process of revising its diversity standards, the new proposal goes further than previous drafts by eliminating references to race, ethnicity, and gender. This comprehensive approach reflects the ongoing legal and political challenges to diversity initiatives across the country.
Public Comment and Final Approval Process
The ABA plans to circulate the revised proposal for public comment, with the possibility of approving the changes at its November meeting. Final approval would then be required from the ABA's House of Delegates, which is scheduled to meet in February.
Rebranding Diversity Standards
In addition to the changes in language, the proposal suggests renaming the “diversity and inclusion” standard to the “access to legal education and the profession” standard. The revised rule clarifies that law schools are not required to consider race or other identity characteristics in admissions or hiring decisions.
Context and Implications
This proposed revision comes at a time when diversity and inclusion efforts face increasing scrutiny. The committee responsible for drafting the new rule took into account the Supreme Court's ruling, state-level anti-diversity laws, and the conflicting opinions expressed by state attorneys general. According to University of Oklahoma law professor Carla Pratt, a member of the ABA’s Council of the Section of Legal Education and Admission to the Bar, the goal is to shift focus from a "laundry list of identities" to the broader objective of providing access to legal education for all.
