Tuesday, February 14, 2006
On Sunday, we blogged David Bernstein's WSJ op-ed, Affirmative Blackmail, arguing that a proposed rules change to the ABA's accreditation standards will force law schools to engage in racial preferences in admissions and hiring even if contrary to state laws such as those in California and Texas. The President of the ABA has published a response in today's WSJ, ABA's Proposed Revisions of Law School Standards:
The Feb. 11 Rule of Law column "Affirmative Blackmail" by David E. Bernstein unfortunately misrepresents the impact of proposed revisions to the ABA Standards for the Approval of Law Schools. The proposed changes would only mandate that law schools "demonstrate, by concrete action . . . a commitment" to a diverse faculty and student body. In so doing, a law school would be permitted, not required, to consider race and ethnicity in its admissions process.
The proposal is consistent with the Supreme Court decision in Grutter v. Bollinger, which the author also misconstrues. Although the results that a school achieves would be relevant in assessing a school's commitment, the results would not determine whether a school had demonstrated such a commitment.