ABA Bows to Trump, Delays Law School Diversity Rule Again (1)

The American Bar Association is extending its suspension of its diversity, equity and inclusion mandate for law schools.

The council that accredits law schools voted to extend its suspension of a rule that required law schools to make efforts to diversify their staff and student populations in a May 9 meeting. The suggested rule had included race- and gender-based criteria and pointed to specific areas schools can take “concrete” action, including recruitment efforts targeted at groups that have been “disadvantaged in or excluded from the legal profession.”

The suspension now ends August 2026.

This additional blow to the diversity mandate for law schools comes as the independent council within the ABA tinkered with the exact rule language for over a year. It previously voted to pause enforcement of the rule, so schools were not forced to decide whether to comply with the accreditation system or federal guidance.

The rule has been repeatedly attacked by conservative legal circles. More than 20 Republican state attorneys general had previously warned the ABA of potential discrimination violations in a June 2024 letter. President Donald Trump’s anti-DEI rhetoric within his first 100 days of his second term added even more pressure to the accrediting body. Education Department acting Assistant Secretary for Civil Rights Craig Trainor sent schools a letter telling them to comply by Feb. 28 with federal law, which does not allow for race- or gender-based policies, or risk losing federal funding.

“In light of these developments, the Council determined that extraordinary circumstances exist in which compliance with Standard 206 would constitute extreme hardship for multiple law schools, and that the Standard should not be presently enforced,” the voting council said in a statement.

The Trump administration has issued executive orders banning DEI programs across federal agencies and calling for investigations into DEI initiatives at bar associations and universities. The State Bar of Wisconsin changed its definition of diversity in a clerkship program after facing a lawsuit. The ABA is also fighting a lawsuit over a diversity scholarship for first-year law students who are members of underrepresented racial or ethnic minority groups.

“Though the Council subsequently suspended its enforcement while it considers proposed revisions, this standard and similar unlawful mandates must be permanently eradicated,” said an April 23 executive order targeting higher education accreditation bodies.

A standards committee within the ABA recommendedthe council to continue the rule’s suspension prior to the Friday vote.

Law schools typically must adhere to the requirement in order to receive accreditation.

The body functions as an independent arm of the association and also sets guidelines in other areas such as curriculum and student evaluations.

Deputy Attorney General Todd Blanche sent an April memo barred DOJ employees from participating in the professional organization’s events in their official capacities or on official time.