Trump, GOP put pressure on ABA over rolling back DEI initiative

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The American Bar Association (ABA) is moving closer to rolling back a key diversity initiative in an effort to hang on as the nation’s law school accreditor while the Trump administration and Republicans ramp up pressure on such DEI initiatives.

In recent years, conservatives have looked to sideline the ABA over concerns it leans politically to the left. They no longer view it as a neutral group that can be trusted. 

Front and center in the fight are the ABA’s diversity initiatives. 

Under what is known as Standard 206, law schools desiring accreditation must “demonstrate by concrete action a commitment to diversity and inclusion.” 

The standard was suspended the month after Trump took office, and it’s not currently set to go into effect until at least August 2027. As conservatives aggressively push back, the ABA might now scrap it once and for all. 

It heads to the ABA House of Delegates for consideration this summer at their annual conference.  

The development follows a 10-4 vote this month to repeal the diversity standard by the Accreditation Council. It technically operates independently from the ABA and plays a key role in the process. 

“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,” Daniel Theis, the council’s chair, said in a statement. 

Repealing the diversity standard is a win for conservatives who’ve helped lead the fight against the ABA for years. 

I heard Florida Attorney General James Uthmeier (R) make his case back in the fall at a Federalist Society conference. He lamented the ABA’s public stances on transgender rights, abortion and other politically charged issues and went on to accuse the group of being biased against conservative judicial nominees. 

“I would argue the ABA has really become an extension, an arm of, a political left-wing party,” Uthmeier told the hotel meeting room filled with legal conservatives. 

Rolling back the diversity standard is an explicit effort to respond to that type of criticism and recent rulings from state supreme courts in places like Texas. 

And beyond the state-by-state pushback, The Trump administration is mounting pressure as well. 

Federal Trade Commission Chair Andrew Ferguson has barred political appointees from renewing their ABA membership. 

And now eyes are turning to the Education Department. It has already demanded other accreditors drop their diversity standards, and the department later this year will decide whether to renew the ABA council’s status. 

It’s led to increasing worries that the ABA’s authority to set standards at roughly 200 accredited J.D. programs across the country are threatened unless it acts.  

To get a sense, just read the formal recommendation submitted to councilmembers ahead of the repeal vote: 

“The Council is committed to ensuring that this national system of accreditation continues, as it is essential for law students and graduates to know that their degrees are recognized in all jurisdictions regardless of the Council-accredited law school from which they graduate. This consumer protection function is paramount and is jeopardized by a balkanized system,” it read.

Welcome to The Gavel, The Hill’s weekly newsletter unpacking the intersection of courts and politics from Zach Schonfeld. Click above to email me tips, or reach out on X (@ZachASchonfeld) or Signal (zachschonfeld.48). 

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