The American Bar Association is poised to mandate diversity training and affirmative action at all of its accredited law schools, a move top legal scholars say could jeopardize academic freedom and force schools to violate federal law.
The association, which accredits nearly every law school in the United States, is mulling a plan that would require schools to “provide education to law students on bias, cross-cultural competency, and racism,” including a mandatory ethics course instructing students that they have an obligation to fight “racism in the law.” Schools would also be required to “take effective actions” to “diversify” their student bodies—even when doing so risks violating a law that “purports to prohibit consideration of” race or ethnicity.
The proposal has sparked fierce blowback from legal scholars across the country, including 10 emeritus professors at Yale Law School, who called it a “problematic” and “disturbing” attempt to “institutionalize dogma” through the accreditation process. Violating federal law is “not legally defensible conduct for any institution,” they wrote in a public comment on the plan in June, nor is it “a legally defensible requirement by an organization certifying law schools.”
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