Alabama Attorney General Steve Marshall, along with 20 other state attorneys general, has called on the American Bar Association (ABA) to cease requiring law schools to consider race in admissions and hiring as part of their accreditation process. The ABA is responsible for accrediting American law schools.
"Last year, the U.S. Supreme Court issued a landmark decision which made clear that ‘the core purpose of the Equal Protection Clause’ is ‘doing away with all governmentally imposed discrimination based on race,’” stated Attorney General Marshall. “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.”
The ABA’s policy is outlined in Standard 206 of its Standards and Rules of Procedure for Approval of Law Schools 2023–2024. The coalition's letter argues that Standard 206 conflicts with the U.S. Supreme Court’s recent 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 SFFA, the proposed changes still mandate race-based admissions and hiring practices.
The coalition's letter urges the ABA to adhere to federal law and uphold its role in providing an ethical foundation for the nation's legal system. It asserts that current rules force law schools into a difficult position: either deprive applicants of opportunities based on race to maintain accreditation or comply with constitutional mandates.
The letter concludes by stating that even if Standard 206’s racial-preference regime is well-intentioned, it remains unlawful in both its current and revised forms. "The Supreme Court has made clear that well-intentioned racial discrimination is just as illegal as malicious discrimination," it notes.
Attorneys general from Tennessee, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Virginia joined Alabama in signing the letter addressed to the ABA.
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