Still More on the ABA, AALS, and Law School Diversity

Continuing our coverage (here, here, and here) of the proposed new law school diversity accreditation standards:  Thom Lambert (Missouri-Columbia) on Truth on the Market agrees with David Bernstein that "the ABA is attempting to put its own political agenda above the law" with this new interpretation:

The requirements of a constitutional provision or statute that purports to prohibit consideration of gender, race, ethnicity or national origin in admissions decisions is not a justification for a school’s non-compliance with [the diversity standard].

He notes that "Bernstein’s view that the ABA is calling for law schools to ignore laws that conflict with its own agenda is consistent with my experience with the Association of American Law Schools (AALS)."

Update:

• The Cato Institute has posted a copy of David's op-ed here.
• The Cavalier Daily, ABA Requires Stricter Standards of Diversity; Law Schools Must Now Take Active Steps Towards Diversity to Receive American Bar Association Accreditation, by Whitney Gruenloh
• Counseling Kevin, ABA President Responds to Professor Bernstein, by Kevin Funnell
• Delmarva Dealings, We're Lawyers, We Don't Have to Obey the Law
• Fritz Feds, Is The ABA Always This Awesome?
• SCSU Scholars, Law No Bar to Diversity