Will It Matter That ABA Council Repealed The DEI Standard?

Law schools will still voluntarily follow the standard, and the Department of Education will still remove the ABA's accrediting authority

ABA Standard 206 should have never been adopted. Law school deans rushed it through the process in the wake of George Floyd's death. There was no evidence this standard was necessary or would actually improve race relations. Now, barely six years later, the ABA Council has repealed the standard during an emergency meeting.

What was the rationale for repealing the standard? The Council chair said nothing about the emptiness of Standard 206. Instead the sole reason offered was survival:

"The council believes that national accreditation of law schools is in the best interests of law students, the legal profession and the public, and we can best serve in this role with continued recognition by state supreme courts and the Department of Education," said Melissa Hart, the council's chair, in a statement. "Repealing Standard 206 was necessary to preserve recognition by a growing number of state courts, as well as the department."

The vote was 10-6, with one abstention (a real profile in courage).

Will this action matter? I doubt it. Law schools will still voluntarily comply with the ABA's former Standard through various DEI initiatives. And I doubt the Education Department will care much that this rule was repealed at the barrel of a gun. Nothing stops the ABA from reimposing the same of substantially similar rule in three years.

If only the ABA had listened while there was still a chance. The end is nearer.