Attorneys general from 21 states say the American Bar Association's accreditation arm should change its standards on diversity for law schools in light of a landmark U.S. Supreme Court ruling striking down race-conscious college and university admissions policies.
In a letter to the Council of the ABA’s Section of Legal Education and Admissions to the Bar on Monday, the group of Republican attorneys general said that the organization's accreditation standard requiring law schools to take action to achieve diverse student bodies, faculty and staff runs afoul of the high court’s June 2023 ruling holding that race-conscious admissions policies in higher education violate the U.S. Constitution's promise of equal protection under the law.
The group, led by Tennessee Attorney General Jonathan Skrmetti, noted that the council – which is the nation’s accrediting body for law schools – has been in discussions about amending the diversity requirements at recent meetings but said that the language in the proposed amendments would still force schools to choose between accreditation and following the law.
“By requiring explicitly illegal consideration of race, the ABA is working hard to burden every law school in America with punitive civil-rights litigation,” the letter said.
In a statement, Jennifer Rosato Perea, the managing director of ABA accreditation and legal education, said the council is considering revisions to its diversity standard and intends to adopt recommendations at its meeting in August.
“Recommendations adopted by the council are subject to a notice and comment period, and this input will be reviewed consistent with the process in which the Council considers any change in legal education standards,” Perea said.
