State AGs Warn Bar That Its Law School DEI Rules Are Illegal

More than 20 Republican state attorneys general warned the American Bar Association of potential discrimination violations over diversity requirements in the Bar’s law school accreditation system in a letter.

“Proposed revisions reemphasize Standard 206’s problematic requirement that law schools engage in race-based admissions and hiring,” the letter sent Monday to the ABA’s law-school-accrediting body read.

The accrediting body, which functions as an independent arm of the association, requires law schools to have diverse faculty and students and take concrete actions “by providing full opportunities for the study of law and entry into the profession by members of underrepresented groups, particularly racial and ethnic minorities.”

The letter, led by Tennessee Attorney General Jonathan Skrmetti, was sent to the Council of the ABA’s Section of Legal Education and Admissions to the Bar. It was signed by 21 attorneys general including Texas Attorney General Ken Paxton.

“In February at its quarterly meeting, the Council of the ABA Section of Legal Education and Admissions to the Bar delayed further consideration of proposed changes to Standard 206 in light of the June 2023 decision by the U.S. Supreme Court that struck down the use of race in higher education admissions,” said Jennifer Rosato Perea, managing director of ABA Accreditation and Legal Education, in a statement.

“The Council is now considering revisions to Standard 206, with the intent to adopt recommendations at its August meeting. Recommendations adopted by the Council are subject to a Notice and Comment period, and this input will be reviewed consistent with the process in which the Council considers any change in legal education standards.”

Diversity, equity and inclusion initiatives are facing higher levels of scrutiny nearly a year after the Supreme Court decision that limited the use of race in college admissions.

“We urge the Council to modify its standards in a way that comports with federal law and with the ABA’s purported commitment to set the legal and ethical foundation for the nation,” the letter said.

Law firms were put on notice last summer by Sen. Tom Cotton (R- Ark.) over their DEI programs. Firms including Morrison Foerster, Perkins Coie and Winston & Strawn changed the language of their DEI program eligibility requirements after being sued.