Attorneys general from 21 Republican-led states have voiced strong opposition to the American Bar Association’s (ABA) revised diversity rule for law schools, claiming that it imposes unlawful race-based admissions and hiring requirements. In a letter sent Monday to the ABA’s accrediting arm, the coalition of state attorneys general argues that both the current and proposed diversity standards are unconstitutional.
The letter, spearheaded by Tennessee Attorney General Jonathan Skrmetti and signed by top legal officials from states like Florida, Texas, Ohio, and Georgia, contends that these diversity rules unjustly mandate race-based criteria as a condition for law school accreditation. These concerns arise as the ABA revises its Diversity and Inclusion Standard, which governs how law schools demonstrate their commitment to diversity in recruitment, admissions, and programming.
The ABA’s public comment period for the proposed changes ended Monday, drawing mixed reactions. Conservative legal groups, including those aligned with the Republican AGs, have criticized the revisions, while organizations like the Law School Admission Council (LSAC) and several ABA entities argue that the new rules are legally sound.
The proposed revision aims to balance the importance of diversity with legal requirements following the U.S. Supreme Court’s landmark 2023 ruling that struck down race-based affirmative action in college admissions. The ruling, which effectively banned the consideration of race in admissions decisions, led the ABA to reconsider how it encourages diversity in law school admissions.
In August, the ABA’s initial proposal removed references to race, ethnicity, and gender, but critics said this went too far, limiting efforts to diversify the legal profession. In response, the ABA released a second version in November, which calls for schools to demonstrate their commitment to diversity through “concrete action” across various demographic factors, including race, gender, sexual orientation, and socioeconomic background.
The coalition of Republican AGs had previously raised concerns with the ABA in June, warning that the current diversity standard could expose law schools to legal challenges over admissions policies. The ABA’s Council of the Section of Legal Education and Admissions to the Bar is expected to vote on the proposed revision during its next meeting on February 21.
Read more: