Florida is evaluating a groundbreaking departure from the American Bar Association (ABA) as its law school accreditor, citing concerns over the ABA’s diversity, equity, and inclusion (DEI) mandate. The state’s Supreme Court, dominated by Republican appointees, has assembled a special workgroup to explore alternatives, with recommendations expected by September 30.
At the heart of the debate is the ABA’s diversity rule, which mandates law schools to ensure racial, ethnic, and gender representation within their student bodies. While the ABA has temporarily paused enforcement of this rule, critics claim it imposes unnecessary costs and restricts innovation in legal education. Florida’s leadership has expressed unease, suggesting that these standards may discriminate against certain groups and complicate access to affordable legal education.
The Florida Supreme Court described the ABA’s policies as raising “reasonable questions” regarding their impact on costs and innovation. These concerns have sparked discussions about the potential for Florida to establish its own system for accrediting law schools, diverging from the ABA’s decades-long role.
With 12 ABA-accredited law schools and one of the largest pools of bar examinees in the nation, Florida’s decisions could reshape how aspiring lawyers are trained and licensed. The move comes amid broader scrutiny of the ABA, with recent political criticisms targeting its influence and policies.
This isn’t the first time Florida has pushed back against DEI initiatives. Since 2021, the state’s Supreme Court has scaled back funding for diversity programs and eliminated DEI training from the approved curriculum for continuing legal education.
The ABA, Florida Board of Bar Examiners, and Florida Bar have yet to issue responses to this latest development. The unfolding decisions could set a precedent for other states grappling with the balance between accreditation standards, affordability, and inclusion in legal education.
