America First Legal to Ohio Advisory Committee: Remove the American Bar Association from the Law School Accreditation Process in Ohio

WASHINGTON, D.C. – Today, America First Legal (AFL), in partnership with Ashbrooke, Byrne, Kresge, Flowers, LLC, urged the Ohio Advisory Committee to review the Law School Accreditation Process and remove the American Bar Association (ABA) as an accrediting body for Ohio law schools. The ABA should not wield quasi-governmental power while mandating discriminatory diversity, equity, and inclusion (DEI) policies as a condition for law schools to maintain accreditation. 

The ABA has demonstrated clear ideological bias and acted in a partisan manner. The ABA mandates that law schools engage in race- and sex-based discrimination to maintain accreditation. ABA Standard 206 requires law schools to maintain a “commitment to diversity and inclusion . . . and a commitment to having a student body that is diverse with respect to gender, race, and ethnicity.” The ABA explicitly states that “a law school may use race and ethnicity in its admissions process to promote diversity and inclusion.”

In a letter obtained through litigation, the dean of an ABA-accredited law school in Ohio, responding to the ABA’s demand that the law school “explain how [it] has demonstrated by concrete action a commitment . . . to have a student body that is diverse with respect to gender, race, and ethnicity,” stated that the law school actively targets minority enrollment by providing “institutional grants in aid to students who represent racial and ethnic minorities.” From the law school’s response letter:

Further, the law school noted in response to the ABA that it previously maintained gender balance and it planned to “restore a gender balance” in future classes.

Similarly, in response to the ABA’s requirement related to diverse faculty, the law school’s response stated: “In its recruiting procedures and its hiring decisions, the Law School is committed to recruiting faculty that is diverse with respect to gender, race, and ethnicity.” Anti-discrimination laws prohibit the consideration of sex, race, and ethnicity in hiring decisions, yet at least this law school dean understood that the ABA wanted to see a “concrete commitment” to diversity and inclusion, and this was how it could be done.

The law school dean blamed the lack of diversity in the student body and faculty because of the school’s location. He stated: “Unfortunately, the local bar in the 4 surrounding counties is overwhelmingly Caucasian….” And that minority students need a financial incentive to attend because “the number one reason” that students do not attend is “location.” This is no excuse for discrimination.

While the ABA has temporarily suspended Standard 206, it has not permanently removed it. Under a future presidential administration, the ABA will likely restore Standard 206 and continue to enforce it. An organization that mandates law schools consider race, sex, or ethnicity in student admissions and faculty hiring should have no role in accrediting law schools in Ohio.

“The ABA has disqualified itself from continuing to be the gatekeeper of law school accreditation. Requiring discrimination to obtain and maintain accreditation corrupts the entire legal field. It is immoral, and should not be tolerated,” said Nick Barry, Senior Counsel at America First Legal.

Read the full letter here and support here.

Follow us on social media for the latest updates on America First Legal’s fight to protect your constitutional rights!

America First Legal Foundation is an IRS-approved section 501(c)(3) public charity. Your donation to America First Legal Foundation is tax-deductible to the extent allowed by law.  

Unsubscribe from this list