Attorneys general from 21 Republican-controlled states have warned the American Bar Association that its law school diversity rule is unlawful.
The coalition of state lawyers on Monday sent a letter to the arm of the ABA that accredits law schools opposing both its current diversity standard and a proposed revision of that rule under consideration.
Both versions of the standard “impermissibly impose race-based admissions and hiring requirements as a condition of accreditation,” according to the letter, spearheaded by Tennessee Attorney General Jonathan Skrmetti and signed by top state lawyers from Florida, Texas, Ohio and Georgia, among others.
The ABA on Monday closed its public comment period on a revision to what is now called the Diversity and Inclusion standard, which pertains to how law schools demonstrate a commitment to diversity through recruitment, admissions and programming.
As of Tuesday morning, the publicly available comments were mixed, with several conservative legal groups joining the Republican state attorneys general in opposition and the Law School Admission Council and numerous ABA entities arguing that the proposed standard is legal.
The proposal represents a “thoughtful, balanced approach that reinforces the importance of diversity while adhering to the law,” according to the Law School Admission Council’s public comment.
The ABA will consider all provided comments before deciding how to proceed, said Jennifer Rosato Perea, managing director of accreditation and legal education.
The ABA began reevaluating its diversity and inclusion standard following the U.S. Supreme Court’s 2023 decision barring the consideration of race in college admissions. That decision effectively prohibited affirmative action policies long used to raise the number of underrepresented minority students on campuses.
The first proposed revision of the ABA rule in August eliminated references to references to race, ethnicity and gender. Critics said that change went too far beyond the scope of the Supreme Court decision and would hobble efforts to diversify the legal profession, prompting the ABA to draft a second proposal.
The collation of Republican state attorneys general first wrote to the ABA in June, saying the current diversity standard makes law schools vulnerable to lawsuits over student admissions.
The ABA’s Council of the Section of Legal Education and Admissions to the Bar could vote on the proposed revision when it meets on Feb. 21.
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ABA moves ahead to restore 'race and ethnicity' to law school diversity rule
Cutting 'race and ethnicity' from ABA's law school diversity rules goes too far, critics say
