Congress Investigates ABA’s Role in Law School Accreditation
Congress is holding hearings to assess whether the American Bar Association (ABA) has leveraged its major role in law school accreditation to further diversity, equity, and inclusion (DEI) initiatives within the legal field.
Rep. Brandon Gill (R-Texas), who leads the House Oversight Committee’s Task Force on Protecting Constitutional Rights and Combating Constitutional Abuse, is set to question ABA President Michelle A. Behnke about the organization’s impact on law school accreditation in a hearing scheduled for Wednesday.
Gill has expressed strong views on DEI, stating it’s a “cancerous ideology” that fosters unlawful discrimination, undermining opportunities for Americans based on their qualifications for jobs and law school admission. “The ABA is misusing its accreditation power to impose detrimental and often illegal DEI policies on law schools nationwide,” he mentioned.
Furthermore, Gill criticized the ABA’s DEI approach for allegedly producing poorly equipped lawyers who prioritize activism over legal compliance.
Task Force Emphasizes DEI Policy Elimination
The task force’s key objective is to explore “how Congress can permanently abolish DEI policies within U.S. institutions, including legal education.” The ABA’s accreditation framework holds substantial sway in legal education. Only the Council on Legal Education and Bar Admissions is recognized by the U.S. Department of Education as an accreditor of Juris Doctor programs, and graduating from an ABA-accredited law school typically leads to the bar exam in most states.
During the hearing, Behnke is expected to argue that the council functions independently from the broader ABA. She highlighted this distinction previously. Despite a recent decision to scrap some diversity standards for law schools, Behnke emphasized that the ABA remains steadfast in its commitment to DEI, comments likely to be scrutinized by Gill and others in the committee.
Perspective on Diversity in the Legal Field
Behnke noted, “The legal profession thrives when it incorporates the experiences and talents of individuals from various backgrounds. Diversity enriches our profession and fosters understanding, promoting public trust and ensuring that the law serves everyone equitably.”
There’s also outside pressure. Former President Donald Trump has been urging law firms and U.S. companies to move away from DEI practices.
Before Trump’s return to the White House in January, the ABA Accreditation Council was already revising its Standard 206, which called for law schools to demonstrate a commitment to diversity through actions that ensure a diverse faculty and staff. The November 2024 amendment proposed to eliminate a provision requiring these commitments explicitly.
In August 2024, the Council began evaluating Standard 206 to remove language permitting race and ethnicity to be factors in admissions decisions. It also clarified that law schools aren’t obligated to consider race or identity characteristics in individual admissions processes. By May 2026, the ABA’s Accreditation Council voted to repeal Standard 206, which had been suspended since February 2025.
