ABA Legal Ed council votes to repeal diversity and inclusion standard
The council of the ABA Section of Legal Education and Admissions to the Bar voted to repeal its diversity and inclusion standard at its quarterly meeting in Chicago on Friday.
The change, which will now be sent to the House of Delegates for concurrence in August, would kill Standard 206, the contentious law school accreditation standard, and impacts three other standards that the council voted to send out for notice and comment.
The move comes after heated debate over exactly what the U.S. Supreme Court’s 2023 decision to strike down race-conscious admissions programs at Harvard University and University of North Carolina means for diversity in law school admissions and hiring as well as the council’s accreditation standards.
In February 2025, the council voted to suspend Standard 206, and this February voted to continue the suspension through August 2027.
But things are coming to a head as the U.S. Department of Education currently reviews the accreditor status of the council itself, which is now carefully watching the department’s responses to other accreditors under review. The council is an independent arm of the ABA and recognized by the department as the sole accrediting body for U.S. law schools.
On May 8, a standards committee memo cited recent communications from the education department to other higher education accreditors that expect them to abolish—not merely suspend—DEI standards.
The department’s March 16 letters to the Middle States Commission on Higher Education and the Commission on Accreditation in Physical Therapy Education “indicated that any application of racial diversity standards would be viewed by the department as a violation of federal law.”
These letters “must inform the Council’s decision making,” the memo adds, noting the council’s reaccreditation hearing is scheduled for September.
“This vote is not a statement about any individual’s members to diversity or inclusion,” said retired Justice Melissa Hart of the Colorado Supreme Court and council chair-elect at the meeting. “It’s a question of, I think, as the standards committee considered it, obligations as an accreditor.”
Several members of the council echoed the overwhelming support for retaining the diversity and inclusion standard that was expressed during the notice and comment period that ended April 13. Of the 50 comments received regarding Standard 206, 48 opposed the repeal and only 2 supported it.
“I know from my own personal experience with the members of this council that these issues are near and dear to all of us, and regardless of how this vote might turn out, that we will continue our efforts to ensure that we achieve those important goals,” said Jose Roberto (Beto) Juarez, a council member.
As written, Standard 206 required law schools “demonstrate by concrete action a commitment to diversity and inclusion by providing full opportunities for the study of law and entry into the profession by members of underrepresented groups” and “having a faculty and staff that are diverse with respect to gender, race and ethnicity.”
“The council’s actions today represent part of a comprehensive effort to streamline and simplify the minimum requirements for law schools consistent with its core principles and values,” Council Chair Daniel Thies said after the vote. “We remain committed to serving the public by ensuring quality legal education and facilitating the national portability of the JD degree, so that graduates of council-accredited schools are able to pursue licensure in any jurisdiction.”
In addition, three other DEI-related standards will be sent for notice and comment. The council voted to send the repeal of Standard 303 (c), which requires law schools to provide education related to cultural competence, racism and bias, as well as revisions of Standard 205, titled “Non‐Discrimination and Equality of Opportunity,” and Standard 207, titled “Reasonable Accommodation for Qualified Individuals with Disabilities.”
In January, the council set up a new unit focused on law school oversight to underscore that it operates separately from the ABA, a target of criticism from the Trump administration for a host of issues including law school accreditation.
And, the ABA council’s exclusive accreditor status is changing. Since the beginning of this year, the state supreme courts of Alabama, Texas and Florida made moves to break ties with the council. Other state supreme courts, including Tennessee and Ohio, currently are reevaluating ABA accreditation.
Most jurisdictions require applicants to the bar to be graduates of an ABA-accredited law school.
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