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The diversity rule remains at the center of a major American Bar Association (ABA) review that could reshape law school accreditation nationwide. The ABA launched this extensive evaluation after months of political pressure, legal scrutiny, and concerns about how accreditation affects the structure and cost of legal education.

Why the diversity rule is being reconsidered

The ABA’s diversity rule, which requires accredited law schools to demonstrate a commitment to student, faculty and staff diversity, has been under scrutiny for some time. Critics especially from conservative groups and several state authorities have argued that the rule may run afoul of recent Supreme Court decisions on race-based admissions and that it contributes to rising law school costs.
As a result, enforcement of the rule was suspended earlier this year while revisions were considered.
During its recent meeting, the ABA Council of the Section of Legal Education and Admissions to the Bar announced that a full review of accreditation standards will be conducted, and elimination of the diversity rule was proposed by the Standards Review Committee.

What changes are under review beyond the diversity rule

The standards review overseen by the ABA will examine several core areas:

• Faculty job protection rules and the structure of law-school employment.
• Requirements for experiential learning credits (hands-on legal training).
• The rule that a bachelor’s degree is required for entry into a J.D. program.
• The recently adopted requirement to teach cross-cultural competency.
  These changes reflect an effort by the ABA to align its accreditation standards with its “Core Principles and Values” adopted in August.

Implications for law schools and students

If the diversity rule is dropped, law schools will face changed expectations for admissions, faculty recruitment and educational programming. Some key consequences are:

• Schools may need to restructure diversity and inclusion initiatives to avoid reliance on accreditation mandates.
• Law-school cost structures could shift if fewer accreditation-driven obligations (such as expansive diversity programs) remain.
• Students, particularly those from historically excluded groups, may face uncertainty regarding institutional commitments to diversity and inclusion.
• The portability of law-degrees across states could be impacted if accreditation standards diverge. The review stems partly from questions about whether national accreditation is still necessary to ensure quality and consistency.

Why the ABA is under pressure

Several factors have contributed to the mounting pressure on the ABA:

• The federal government, including the then­-US Attorney General, has questioned the legality of the diversity requirement and even threatened to withdraw the ABA’s recognition as accreditor if the rule remained.
• Some states have begun to explore alternatives to ABA accreditation or to decouple state bar eligibility from ABA-accredited degrees. For example, Supreme Court of Florida and Supreme Court of Texas have weighed changes to their reliance on ABA-accreditation.
• Critics argue that the ABA’s standards may stifle innovation, raise costs for students and limit flexibility in legal education.

Timeline and process ahead

The review by the ABA is expected to take a year or more, as stated by the Council.
The steps ahead include:

• The Standards Review Committee will draft proposals for changes.
• Those proposals will be reviewed and potentially revised by the ABA Council.
• Law schools and other stakeholders will likely be invited to comment as part of the process.
• Final revisions will need approval before becoming enforceable accreditation requirements.

At this stage, the Council has not yet approved dropping the diversity rule—it sent the proposal back to the committee for further evaluation.

What to watch for

Law-schools, students, legal-educators and regulators should monitor:

• Whether the diversity rule is officially eliminated or fundamentally rewritten.
• How the new accreditation standards handle diversity, equity and inclusion if the rule is dropped.
• The response from state bar authorities—whether states move to reduce reliance on ABA accreditation.
• Whether changes in standards prompt shifts in law-school curricula, cost structures or admissions practices.
• How potential legal challenges may emerge if diversity programming is scaled back and whether schools will adjust to maintain access and inclusion in other ways.

In sum, the ABA’s review of law-school standards—and specifically the potential removal of the diversity rule—marks a significant moment for legal education in the United States. As the process unfolds, its outcome may reshape accreditation, law-school practice and the broader landscape of how legal professionals are trained.

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The post ABA Reconsiders Law School Diversity Rule first appeared on JDJournal Blog.