American Bar Association suspends law school DEI rule enforcement

By Sara Merken

Feb 21 (Reuters) - The American Bar Association will temporarily suspend enforcement of its diversity and inclusion standard for law schools.

The ABA's Council of the Section of Legal Education and Admissions to the Bar voted on Friday to halt enforcement of its current standard until August 31 while it reviews a pending proposed revision to the rule.

The council's standards committee said it would assess the proposed changes in light of recent actions by President Donald Trump's administration, to ensure it can enforce the standard in compliance with the law.

The administration warned of cuts in federal funding for academic institutions and universities if they continue with diversity, equity and inclusion programs. Trump has also issued executive orders to target DEI in the federal government and private sector.

The ABA has been reevaluating the diversity and inclusion standard, which involves law schools' demonstration of their commitment to diversity in recruitment, admissions and programming, following the U.S. Supreme Court's 2023 decision barring the consideration of race in college admissions.

The ABA is designated as the national accreditor of nearly 200 law schools by the U.S. Department of Education, and it maintains a series of standards that all schools must follow.

The first proposed revision of the ABA rule in August eliminated references to race, ethnicity and gender. Following criticism that the change went too far, the ABA drafted a second proposal that requires schools to demonstrate through “concrete action” a commitment to including groups that historically have been excluded from the legal profession “due to race, color, ethnicity, religion, national origin, gender, gender identity, gender expression, sexual orientation, age, disability, military status, Native American tribal citizenship, and/or socioeconomic background."

Attorneys general from 21 Republican-controlled states last month sent a letter opposing the ABA's current diversity standard and the proposed revision, saying both versions "impermissibly impose race-based admissions and hiring requirements as a condition of accreditation."