THE ABA SHOULD DROP DEAD, AND SHOULD CERTAINLY BE STRIPPED OF ANY ACCREDITATION ROLE FOR LAW SCHOOLS: ABA Tries Again With Legal-Ed Diversity Rule.

Three tentative thoughts.

First, the ABA really should wait to see what the Supreme Court does in the Harvard case. The Court very well may blow up affirmative action as we know it. Any effort to draft a rule ahead of Harvard is a mistake.

Second, as I read the rule, faculty members would be required to undertake mandatory DEI training.

Third, the protections for religious institutions are limited to “essential elements of its religious values and beliefs provided that its actions are protected by the United States Constitution.” This standard is cut very thin. Given Employment Division v. Smith, it isn’t clear that this interpretation provides any protections at all.

State legislatures should be cutting the ABA out of any role in legal education in their states.