ABA Moves to Repeal DEI Policies for Law Schools

The American Bar Association (ABA) has made a significant decision to overturn its diversity, equity, and inclusion (DEI) policies for law schools, largely due to pressure from the administration of former President Trump.

This particular rule had mandated that law schools adhere to DEI standards in areas like recruitment, admissions, and student programs. However, changes to this rule are set to occur in February 2025—part of a broader trend that has seen a tightening on DEI-related practices.

I think it’s pretty interesting that, at the recent ABA meeting, a member called for the permanent removal of the DEI rule. David Brennen, who is on the ABA Board of Trustees and formerly served as dean at the University of Kentucky School of Law, noted that he supports DEI initiatives but felt it was the right move to repeal the standard. He mentioned, perhaps rightly, that removing this standard might help encourage diverse viewpoints in legal education.

Before these changes finalize, they’ll need to go through deliberation by the ABA’s House of Delegates, and it could take until 2027 for everything to be settled. It’s a lengthy process, but it seems necessary for such big shifts.

In another layer to this saga, the President directed Secretary of Education Linda McMahon to evaluate whether the ABA should continue as a government accreditor based on what he called “unlawful” DEI requirements back in April 2025.

Texas has taken the lead as the first state to withdraw the ABA’s accreditation, citing concerns about its obligations towards DEI. Florida and Alabama have also followed suit, with other Republican-led states looking into similar actions. It’s a fascinating, albeit contentious, development in the realm of legal education.

Senator Mike Lee from Utah characterized the ABA as a “left-wing advocacy group” that has maintained a long-standing monopoly in accrediting law schools. He expressed his support for Texas’s move and hopes it will inspire action in other states.

Interestingly, the ABA’s own Standards Committee recommended repealing this rule to help sustain its credibility in the national accreditation landscape. The debates around accreditation standards are intricate—it’s something to keep an eye on.