Law professors have been pushing back on the American Bar Association’s responses to pressures from the Trump administration on DEI and related matters. The latest came across the AALS Minority Law Professors listserve:
“Colleagues,
Many of you know that the ABA Council recently voted to repeal Standard 206, eliminating the only accreditation requirement that law schools take affirmative steps to promote diversity and inclusion. The Council has now turned its attention to Standard 205, proposing revisions that would substantially reduce the ABA’s independent commitment to nondiscrimination in legal education.
Unlike Standard 206, this proposal is not primarily about diversity initiatives or affirmative action. It concerns whether the ABA will maintain any meaningful independent nondiscrimination standard for legal education.
Today, Standard 205 identifies protected categories, addresses covert discrimination, and recognizes that facially neutral admissions and hiring criteria can be used to exclude protected groups. The proposed revision would eliminate those provisions and replace them with a single requirement that law schools comply with whatever federal, state, and local law already requires.
In practical terms, the ABA would cease articulating its own standards regarding nondiscrimination in legal education. Rather than establishing a national accreditation floor, Standard 205 would simply mirror existing legal obligations.
The attached comment letter urges the Council to reject the proposed revision, retain the current protections contained in Standard 205, and strengthen—not weaken—the ABA’s commitment to equality of opportunity. The letter also proposes a lawful, equality-focused alternative that would require law schools to examine and correct documented racial bias in admissions and faculty-selection criteria without resorting to racial preferences.
If you would like to sign the letter, please complete the following form by July 6th at noon ET: Strengthening ABA Nondiscrimination Standards: ABA Standard 205 Co-Signatory Form – Fill out form
Or enter the following link into your browser: https://forms.office.com/r/pKFiLy8UKc
The letter is attached and can also be found here: ABA Standard 205 Comment Letter.pdf
Please feel free to circulate this request widely.
Thank you for your consideration.
Sheldon Bernard Lyke
Associate Professor of Law
Loyola University Chicago School of Law”.
