Nineteen states, led by Democratic attorneys general, have vowed to support the American Bar Association’s (ABA) diversity requirement for law schools. This commitment follows a challenge from Republican-led states earlier in June, opposing the ABA’s accreditation standards.
The Democratic attorneys general emphasized that the Supreme Court’s 2023 decision restricting race consideration in college admissions does not apply to ABA policies or corporate diversity initiatives. In a letter addressed to the ABA and Fortune 100 companies, they reaffirmed the legality of diversity, equity, and inclusion efforts within educational and other sectors.
“Diversity, equity, and inclusion initiatives remain lawful in education and beyond,” stated the letter, endorsed by attorneys general from California, New York, Illinois, and Massachusetts.
The ABA, which is revising its diversity standard with potential changes expected by August, did not immediately comment.
Conversely, attorneys general from 21 Republican-led states, including Texas, Florida, and Virginia, argued in their June 3 letter that the ABA’s diversity requirement violates the Supreme Court’s recent ruling. They claimed the standard imposes illegal race-based considerations on law schools, leading to punitive civil rights litigation.
Responding on Thursday, the Democratic attorneys general refuted these claims, stating such arguments misinterpret the law. They clarified that the ABA’s diversity standard does not mandate race or ethnicity-based admissions decisions. Instead, it encourages law schools to offer equal opportunities to underrepresented groups without specifying admission policies.
