Legal Ed council broadens proposed accreditation standard addressing diversity
The ABA headquarters in Chicago. (Photo by John O'Brien/ABA Journal)
The council of the ABA Section of Legal Education and Admissions to the Bar has proposed reframing a contentious law school accreditation standard that encourages diversity to instead focus on achieving “access to legal education and the profession” for all qualified aspiring lawyers.
The suggested changes to Standard 206, prompted by the need to align the standards with the U.S. Supreme Court’s 2023 decision eliminating race-based admissions, will be sent out for notice and comment. The council approved the move at its Aug. 16 quarterly meeting in Chicago.
The section’s council is recognized by the U.S. Department of Education as the sole accrediting body for U.S. law schools and serves as an independent arm of the ABA for that function.
The latest proposed changes make clear that the standard does not require law schools to take into account race or any other identity characteristics in making admissions decisions, said Carla D. Pratt, chair of standards committee.
“We have never advocated for diversity for diversity’s sake. So we decided to focus on the underlying goal that we seek to promote, which is access to legal education,” Pratt said. “It doesn’t mean we have to fling doors open. It requires affirmative steps, concrete actions.”
Standard 206, which under the proposal would be renamed “Access to Legal Education and the Profession” instead of “Diversity and Inclusion,” has become a lightning rod.
Attorneys general of 21 conservative states, led by Tennessee Attorney General and Reporter Jonathan Skrmetti, urged the council in a June letter to rework previous suggested changes to Standard 206 to comply with the Supreme Court’s ruling.
Skrmetti wrote that the “proposed revisions to Standard 206 do little to solve” a conflict with the Supreme Court’s ruling. “Diversity is not without benefit, but the Constitution squarely rejects racial diversity as a legally sufficient justification for treating people differently because of the color of their skin.”
In response, a group of 19 AGs from liberal states, led by Illinois Attorney General Kwame Raoul, fired back, signing a letter calling on the American Bar Association, Fortune 100 CEOs and other organizations to retain “their commitment to diversity, equity and inclusion.”
