ABA Presses Pause on Law School DEI Mandate Amid Political and Legal Scrutiny

The American Bar Association (ABA) has put the brakes on enforcing its diversity, equity, and inclusion (DEI) requirements for law schools—at least for now. The decision, made by the ABA’s Council of the Section of Legal Education and Admissions to the Bar, places a temporary hold on the rule until August 31 while revisions are under review.

The move comes as DEI initiatives face mounting political and legal pushback. The council’s standards committee is reassessing proposed changes in light of federal actions that could jeopardize funding for institutions embracing DEI policies. The Trump administration has been at the forefront of these efforts, issuing executive orders aimed at curbing DEI programs in both government and private sectors.

The ABA’s diversity standard, which requires law schools to demonstrate their commitment to inclusivity in recruitment, admissions, and programming, has been under review since the U.S. Supreme Court struck down race-conscious college admissions in 2023. The initial revision to the rule last August stripped references to race, ethnicity, and gender, but backlash prompted the ABA to draft a second version. This alternative mandates that schools show “concrete action” toward including historically excluded groups across a broad spectrum of identities, from race and gender to military status and socioeconomic background.

Not everyone is on board. A coalition of attorneys general from 21 Republican-led states recently sent a letter condemning both the current standard and the proposed revision, arguing they unlawfully impose race-based requirements on law schools seeking accreditation.

As the ABA navigates the legal and political crosscurrents, the fate of its DEI rule remains uncertain. The coming months will determine whether law schools must recalibrate their diversity efforts—or whether the ABA will double down on its commitment to inclusion.

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