ABA Rejects Move to Scrap DEI Rules Amid Trump Administration Pressure

The American Bar Association’s (ABA) plan to remove its longstanding diversity, equity and inclusion (DEI) requirement for law schools has suffered a setback after the organisation’s policy-making body rejected the proposed change.

The decision delays the elimination of the diversity rule and could intensify tensions between the ABA and US President Donald Trump’s administration, which has challenged DEI policies across government, higher education and the private sector.

The ABA may still proceed with efforts to repeal the requirement, but Tuesday’s vote has complicated the process and raised concerns over the organisation’s future role as the federally recognised accreditor of US law schools.

Daniel Thies, chair of the ABA’s accreditation council, said the council would discuss the proposed repeal at its meeting later this month. He added that the council has the “ultimate decision” on law school accreditation standards.

The ABA’s current accreditation rules require law schools to demonstrate a commitment to diversity in areas including student recruitment, admissions and educational programmes. The requirement became a major political flashpoint after Trump returned to the White House and made ending DEI initiatives a priority.

In April 2025, Trump signed an executive order directing US Education Secretary Linda McMahon to review whether the ABA’s status as the government’s official law school accreditor should be suspended or terminated. The order cited the ABA’s “unlawful” diversity, equity and inclusion requirements as part of a broader effort to reform higher education accreditation.

The accreditation council had previously suspended the DEI rule before voting in May to eliminate it entirely. Supporters said the move was necessary to protect the ABA’s federal accreditor status and prevent more states from distancing themselves from ABA accreditation in lawyer licensing.

However, many legal educators opposed the repeal, arguing that the diversity requirement was essential and that the ABA should resist political pressure.

The dispute comes as several Republican-led states have moved to reduce their reliance on ABA accreditation for lawyer admissions. Texas, Florida and Alabama have already taken steps in that direction, while other states are considering similar measures. Some officials have pointed to the ABA’s DEI standards as a reason for reassessing their reliance on the organisation.

Accreditor Status at Risk

During Tuesday’s debate, supporters of removing the rule argued that the decision was particularly important as the US Department of Education reviews the ABA’s accreditation role — a process conducted every five years.

ABA representatives warned that losing federal recognition could create uncertainty for law schools and students, particularly regarding access to federal financial aid and eligibility for bar admissions, which are largely linked to ABA accreditation.

The Department of Education did not immediately comment on whether Tuesday’s vote would affect its review.

In a separate decision, the ABA’s policy-making body approved a faster process for amending law school accreditation standards, giving the accreditation council greater independence from the wider organisation.

The ABA, a voluntary professional association with around 150,000 paying members, has faced increasing criticism from the Trump administration. A White House spokesperson in March 2025 described the organisation as a “snooty” group of “leftist lawyers” after the ABA criticised attacks on judges by administration officials.

The organisation has also taken legal action against the administration over cancelled domestic violence grant funding and executive orders targeting individual law firms.

 

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