Montgomery, AL – In a recent move, Alabama Attorney General Steve Marshall, along with 20 other state attorneys general, has called on the American Bar Association (ABA) to halt its requirement that law schools consider race in admissions and faculty hiring as part of the accreditation process. The coalition argues that this policy is inconsistent with a recent U.S. Supreme Court ruling.
Attorney General Marshall highlighted the Supreme Court’s decision in *Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA)*, which reinforced that the Equal Protection Clause aims to eliminate race-based government discrimination. “It’s ironic that an organization committed to a mission of ‘defending liberty and pursuing justice,’ seeks to justify the discrimination against prospective law students based on the color of their skin,” Marshall stated.
The ABA’s contested policy is detailed in Standard 206 of its *Standards and Rules of Procedure for Approval of Law Schools 2023–2024*. The attorneys general argue that Standard 206 contradicts the Supreme Court’s decision in SFFA. Although the ABA is reviewing potential revisions to this standard, the proposed changes still mandate race-based admissions and hiring practices, which the coalition deems unlawful.
The attorneys general’s letter emphasizes that the ABA’s rules, which influence law school accreditation nationwide, force schools into a difficult position: either comply with the ABA’s race-based requirements to maintain accreditation or adhere to constitutional mandates, potentially risking their accredited status. The coalition asserts that this dilemma unfairly impacts schools and applicants, who deserve equal protection under the law.
The letter further contends that regardless of the intentions behind Standard 206, its implementation, whether in its current form or revised, remains legally untenable. The Supreme Court, they argue, has clearly stated that racial discrimination, regardless of intent, is unlawful.
The letter, spearheaded by Tennessee, includes support from attorneys general of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Virginia. The coalition urges the ABA to align its accreditation standards with federal law and the ethical principles foundational to the legal system.
