The Trump administration has been pressing the American Bar Association (ABA) over its diversity, equity, and inclusion (DEI) policies. A U.S. House task force recently questioned the president of the ABA about the organization’s commitment to these policies, despite a 2025 executive order prohibiting “unlawful discrimination” in accreditation practices.
Background
In April 2025, President Donald Trump issued an executive order titled “Reforming Accreditation to Strengthen Higher Education,” which was directed at the ABA Council and the Liaison Committee on Medical Education. The order prohibited the use of DEI policies in accreditation practices, calling them “unlawful discrimination.” The ABA Council has been hesitant to remove its diversity and inclusion accreditation rule, Standard 206, from its standards.
The ABA Council has suspended the enforcement of Standard 206 until August 2027. However, the council voted to repeal the standard in May, and the ABA House of Delegates is set to debate and consider the proposed repeal at its annual meeting in August. The standard requires law schools to demonstrate their commitment to diversity and inclusion by providing opportunities for underrepresented groups and having a diverse student body and faculty.
Reaction
ABA President Michelle Behnke defended diversity initiatives, stating that they enhance merit within the legal profession. Zack Smith, senior legal fellow for the Heritage Foundation’s Legal Policy Center, argued that Congress should ensure the ABA can no longer be the profession’s gatekeeper and update relevant statutory provisions to prohibit the recognition of any accreditor that imposes DEI requirements.
Democrats called the hearing “unserious,” noting that the witnesses included the ABA president but no one from the Council of the ABA Section of Legal Education and Admissions to the Bar. Rep. Dave Min, D-Calif., criticized the committee for not understanding the basic structure of legal education.
Original reporting: KTBS 3 (Shreveport) — read the source article.
