American Bar Association
After months of deliberations and consultation on how to revise its diversity standard, the American Bar Association entity that guides U.S. legal education has arrived at a proposal that it considers consistent with the 2023 U.S. Supreme Court decision barring race-conscious admissions policies at U.S. colleges and universities.
On Aug. 16, the Council of the ABA Section of Legal Education and Admissions to the Bar embraced a proposed change for Standard 206, formerly titled “Diversity and Inclusion.” The new proposal renames the standard to “Access to Legal Education and the Profession” and reframes it to focus on achieving access for students, faculty and staff. It also eliminates any reference to
race or ethnicity.
The proposed standard now will be posted for public Notice and Comment. Carla Pratt, chair of the council’s Standards Committee, explained that the new language does not include a “laundry list of identities,” which has a twofold advantage. It should comply with the court’s decision in the admissions case, and “not require the burden on schools to collect” detailed information on all identities.
Part of the proposed standard also focuses on access to faculty and staff positions. Pratt added the committee “recognizes that many things go into creating” a supportive learning environment.
A proposal discussed earlier this year – which was not voted on by the council – prompted differing perspectives among observers in the legal field. Attorneys general of 21 conservative states urged the council to rework previous suggested changes to Standard 206 to comply with the Supreme Court’s ruling. In response, 19 AGs from liberal states signed a letter calling on the ABA, Fortune 100 CEOs and other organizations to retain “their commitment to diversity, equity and inclusion.”
Both letters, however, came after the council effectively pulled back the earlier proposal to rework the standard for consistency with the court’s decision.
The council will likely review the proposed standard again at its November meeting.
It then could forward a resolution to the ABA House of Delegates for concurrence. The HOD, which next meets in early February 2025 in Phoenix, can concur or reject twice.
However, the final decision for implementation rests with the council, which is recognized by the U.S. Department of Education as the sole accreditor of 197 U.S. law schools and serves as an independent arm of the ABA for that function.
After months of deliberations and consultation on how to revise its diversity standard, the American Bar Association entity that guides U.S. legal education has arrived at a proposal that it considers consistent with the 2023 U.S. Supreme Court decision barring race-conscious admissions policies at U.S. colleges and universities.
On Aug. 16, the Council of the ABA Section of Legal Education and Admissions to the Bar embraced a proposed change for Standard 206, formerly titled “Diversity and Inclusion.” The new proposal renames the standard to “Access to Legal Education and the Profession” and reframes it to focus on achieving access for students, faculty and staff. It also eliminates any reference to
race or ethnicity.
The proposed standard now will be posted for public Notice and Comment. Carla Pratt, chair of the council’s Standards Committee, explained that the new language does not include a “laundry list of identities,” which has a twofold advantage. It should comply with the court’s decision in the admissions case, and “not require the burden on schools to collect” detailed information on all identities.
Part of the proposed standard also focuses on access to faculty and staff positions. Pratt added the committee “recognizes that many things go into creating” a supportive learning environment.
A proposal discussed earlier this year – which was not voted on by the council – prompted differing perspectives among observers in the legal field. Attorneys general of 21 conservative states urged the council to rework previous suggested changes to Standard 206 to comply with the Supreme Court’s ruling. In response, 19 AGs from liberal states signed a letter calling on the ABA, Fortune 100 CEOs and other organizations to retain “their commitment to diversity, equity and inclusion.”
Both letters, however, came after the council effectively pulled back the earlier proposal to rework the standard for consistency with the court’s decision.
The council will likely review the proposed standard again at its November meeting.
It then could forward a resolution to the ABA House of Delegates for concurrence. The HOD, which next meets in early February 2025 in Phoenix, can concur or reject twice.
However, the final decision for implementation rests with the council, which is recognized by the U.S. Department of Education as the sole accreditor of 197 U.S. law schools and serves as an independent arm of the ABA for that function.
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