Tennessee Attorney General Jonathan Skrmetti, along with 20 other state attorneys general, has issued a letter to the American Bar Association (ABA) demanding an immediate cessation of its requirement for law schools to engage in race-based treatment of students and faculty as part of the accreditation process. The ABA is responsible for accrediting American law schools.
The ABA's policy in question is outlined in Standard 206 of its Standards and Rules of Procedure for Approval of Law Schools 2023–2024. The letter asserts that Standard 206 conflicts with the recent United States Supreme Court decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA). Although the ABA is considering revisions to this standard in light of the SFFA ruling, the proposed changes still include requirements for race-based admissions and hiring practices. The attorneys general urge the ABA to align its standards with federal law and uphold its commitment to establishing a legal and ethical foundation for the nation.
“The rule of law cannot long survive if the organization that accredits legal education requires every American law school to ignore the Constitution and civil rights law,” said Attorney General Skrmetti. “The American Bar Association has long pursued the high calling of promoting respect for the law and the integrity of the legal profession, and we call on the organization to recommit to those ideals and ensure that its standards for law schools comport with federal law. If the standards continue to insist on treating students and faculty differently based on the color of their skin, they will burden every law school in America with punitive civil rights litigation.”
The letter emphasizes that compliance with Standard 206 places law schools at odds with federal legal requirements. It also discusses potential harms from denying educational and employment opportunities based solely on race. The letter concludes by stating that regardless of any benign intentions behind Standard 206, it remains unlawful under current or revised forms according to Supreme Court precedent.
Attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Virginia joined Attorney General Skrmetti in signing this letter.