The American Bar Association (ABA) has decided to keep references to “race and ethnicity” in its law school diversity rules following significant public feedback, especially from legal educators and diversity advocates. The ABA’s Section of Legal Education and Admission to the Bar is set to review a revised version of its Diversity and Inclusion standard, responding to calls for retaining explicit language that fosters diversity in law school admissions and faculty recruitment.
The recent review comes in light of the U.S. Supreme Court’s decision this past summer, which prohibited the use of affirmative action in college admissions. Following that ruling, the ABA began reevaluating its own standards to align with the court’s directive, balancing compliance with preserving the core elements of its commitment to diversity.
Initial drafts circulated by the ABA suggested a shift away from explicit references to race and ethnicity, which many educators criticized as a step backward. In response, the ABA is considering a new proposal that maintains these terms, while expanding the standard to include commitments to groups historically excluded from the legal field based on factors such as gender identity, military status, Native American tribal citizenship, and socioeconomic background.
With its designation as the national accreditor of law schools by the U.S. Department of Education, the ABA’s decisions are pivotal in shaping diversity across legal education in the U.S. This commitment to inclusivity aligns with long-standing advocacy for a diverse legal workforce that reflects the broader society.
The revised rule, if adopted, will be known as the “Access to Legal Education and the Profession” standard, a title change that underscores its focus on equity and broad inclusion. The updated proposal requires law schools to implement “concrete actions” that address diversity along various dimensions, supporting students and faculty from diverse and historically marginalized backgrounds.
This updated standard, once approved, will enter a new public comment phase, allowing for further input before final adoption.
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