The American Bar Association (ABA) is giving the public another chance to weigh in on its revised diversity standards for law schools, following a significant backlash against earlier changes that had watered down the focus on race and ethnicity. The move comes after the U.S. Supreme Court’s ruling on affirmative action prompted the ABA to revisit its guidelines.
In a recent vote, the ABA’s Council of the Section of Legal Education and Admissions to the Bar approved a new version of the proposed rule change, which reintroduces references to “race and ethnicity”—language that was controversially removed in the initial draft.
“We wanted to make it clear that we were not seeking to abandon the values of diversity and inclusion,” said Carla Pratt, a professor at the University of Oklahoma School of Law. Pratt, who serves on the council, emphasized the need for law schools to continue fostering diverse environments despite the legal challenges surrounding affirmative action.
The standard, which is currently called the Diversity and Inclusion standard, will be renamed the Access to Legal Education and the Profession Standard in the new proposal. It governs how law schools demonstrate their commitment to diversity in key areas such as recruitment, admissions, and student programming. As the national accreditor of law schools, the ABA plays a crucial role in maintaining the standards that ensure schools are promoting an inclusive legal education.
The council’s revisions to the rule began in 2023 after the Supreme Court’s decision barring the consideration of race in college admissions. The initial proposal, which was released for public comment in August, removed the explicit mention of race and ethnicity, focusing instead on providing access to “all persons” who have historically faced barriers to the legal profession. This broad language drew sharp criticism from legal educators and advocacy groups who argued that it undermined efforts to create diverse student bodies and faculty.
The revised version aims to strike a delicate balance, reaffirming the commitment to diversity while complying with the Supreme Court’s ruling. The new proposal calls for law schools to show “concrete action” in including historically excluded groups, referencing race, ethnicity, religion, national origin, gender, and other identity categories, such as sexual orientation, age, disability, and socioeconomic status.
The council plans to review the rule again in February, with a final vote by the ABA’s House of Delegates expected in August. The outcome could have a significant impact on how law schools approach diversity and inclusion in the years to come.
