The American Bar Association (ABA) is striving to retain references to “race and ethnicity” in its diversity guidelines for law schools. This decision follows concerns from legal educators who argued that a proposed revision excluding these terms could undermine efforts to attract diverse students and faculty.
On Friday, the ABA’s Council of the Section of Legal Education and Admission to the Bar is set to review a revised version of its Diversity and Inclusion standard. This revision comes after an earlier draft faced backlash for exceeding the limitations imposed by the U.S. Supreme Court’s 2023 decision, which prohibits the consideration of race in college admissions, according to a Nov. 1 memo from the drafting committee.
The rule in question outlines how law schools must demonstrate their commitment to diversity through recruitment, admissions, and programming. As the national accreditor of law schools, designated by the U.S. Department of Education, the ABA enforces standards that all accredited schools must adhere to.
In light of the Supreme Court’s ruling, the ABA began reassessing its existing diversity and inclusion standard last year. However, its initial revision drew criticism for potentially harming diversity efforts. “The revisions would hurt diversity and send a negative message about the importance of diversity,” the drafting committee noted in its memo explaining the revised proposal.
The proposed changes have sparked debate over how institutions can promote diversity while aligning with the court’s ruling. The Supreme Court’s decision restricts affirmative action policies aimed at increasing underrepresented minority students but permits candidates to discuss race or background in essays and personal statements.
