In a move that has stirred widespread criticism, the American Bar Association (ABA) is pushing to eliminate “race and ethnicity” from its law school accreditation standards—a change many argue will undermine longstanding efforts to foster diversity in legal education.
The ABA, which sets standards for nearly 200 law schools across the U.S., currently mandates that institutions provide “full opportunities” for racial and ethnic minorities. The proposed revision, however, would replace these terms with broader language, requiring law schools to ensure access for “historically disadvantaged” groups, without specifically mentioning race, ethnicity, or gender.
This change follows a 2023 Supreme Court ruling that struck down the use of race in admissions for universities, a decision stemming from lawsuits against Harvard University and the University of North Carolina. But critics argue the ABA’s response exceeds what the ruling requires. Deans from major law schools, including those at the University of Michigan and UC Berkeley, warned that removing specific language about race and ethnicity could significantly weaken diversity efforts.
In a letter to the ABA, the Law School Admission Council echoed these concerns, stating the revision would “undermine the progress” made in diversifying the legal profession. A coalition of 44 law school deans expressed similar objections, asserting that the court’s decision didn’t prevent schools from prioritizing diversity, only restricted how it could be achieved.
Supporters of the revision include a group of Democratic state attorneys general, who, while backing the proposal, urged the ABA to retain “diversity” in the standard’s title.
The long-term effects of the Supreme Court’s decision on law school diversity remain unclear, with the ABA expected to release detailed demographic data later this year. Early reports from some elite institutions have shown mixed outcomes, with Harvard Law School revealing a significant drop in its percentage of students of color, from 51% last year to 43% now.
