Dec 2, 2024 Story by: Editor
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.
Revising the Diversity Standard
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.
Key Changes in the Proposal
Currently, the ABA’s diversity standard mandates that law schools offer “full opportunities” to “racial and ethnic minorities” and maintain a student body diverse in terms of “gender, race, and ethnicity.”
The first revision, shared for public feedback in August, removed specific references to race and ethnicity, suggesting that schools ensure access for “all persons, including those with identities that historically have been disadvantaged or excluded from the legal profession.”
However, a coalition of 44 law school deans criticized the initial proposal in a September letter, stating it rolled back diversity requirements further than the Supreme Court’s decision necessitated.
The latest revision now requires schools to demonstrate “concrete action” toward including groups historically excluded from the legal profession due to factors such as race, ethnicity, gender, religion, sexual orientation, and socioeconomic background.
Next Steps
Should the ABA council approve the revised rule, it will be circulated for another round of public comment before any final decision is made.
By addressing these complex issues, the ABA aims to balance its commitment to fostering diversity with the legal constraints established by the Supreme Court’s ruling. Source: Reuters
