Democratic AGs Defend Diversity Requirements for Law Schools

Democrat state attorneys general are defending diversity requirements for law schools set by the American Bar Association accrediting body in a Thursday letter.

“Groups interested in reversing racial progress have become unduly emboldened by Students for Fair Admissions, Inc. v. President and Fellows of Harvard College,” the letter said. “Among other tactics, they are willfully misinterpreting the law in attacking various DEI efforts that are not impacted by the holding of SFFA.”

The letter to the ABA and business leaders in support of the diversity requirements comes weeks after more than 20 Republican state attorneys general warned the ABA that enforcing these school requirements could pose potential discrimination violations in a letter earlier this month.

“Their letter did not offer serious legal analysis, but was instead an attempt to control the discourse and expand SFFA’s reach in the public’s view,” the Democrats’ letter said. “We will not allow that to happen.”

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 Democrats’ June 20 letter was led by Illinois state attorney general Kwame Raoul and addressed to the ABA, Fortune 100 chief executive officers and other organizations “unfairly targeted for their commitment to Diversity, Equity and Inclusion.” New York Attorney General Letitia James and DC attorney general Brian Schwalb are among the letter’s 19 signatories.

“As noted previously, the Council is revising the current Standard 206,” said Jennifer Rosato Perea, managing director of ABA Accreditation and Legal Education. “It is premature to discuss the specifics of what the proposed standard would look like, but a suggested revision is expected to be ready for the August Council meeting. If adopted, it will then be sent out for Notice and Comment to begin the review process.”

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.

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.