ABA Closes In on Axing Diversity Standard

The American Bar Association’s Council of the Section of Legal Education and Admissions to the Bar has advanced plans to remove Standard 206, a rule mandating law schools demonstrate diversity in gender, race, and ethnicity among their faculty, staff, and students. The vote follows months of pressure from the Trump administration, which suspended the rule in February 2025 and later issued an executive order directing Education Secretary Linda McMahon to investigate the ABA’s accreditation practices under accusations of unlawful discrimination. The ABA’s Council approved the elimination of the standard, though the final decision requires approval by the House of Delegates, likely in August. Even if adopted, the rule’s removal would not take effect until 2027. Council member David Brennen, a former dean of the University of Kentucky College of Law, defended the move, arguing that eliminating the standard would prevent accreditation from inhibiting diverse legal education approaches. The Trump administration’s push against diversity initiatives in higher education intensified in April 2025, when an executive order explicitly targeted accreditors engaged in ‘diversity, equity, and inclusion’ activities. The ABA’s accreditation arm became a focal point, with the administration alleging violations of anti-discrimination laws. The suspension of Standard 206 in February marked the first step in what appears to be a broader effort to reshape accreditation standards in law schools nationwide. Critics of the move argue that removing the diversity requirement could reduce representation in legal education, particularly for underrepresented groups. Supporters, however, claim the change will foster greater flexibility in how law schools define and achieve educational diversity. The outcome hinges on the House of Delegates’ decision, with potential implications for law school admissions and faculty composition across the U.S.