Thursday, June 2, 2022
Sarah Parshall Perry (Heritage Foundation), The ABA Is Stretching the Limits of Law With Diversity, Equity, and Inclusion Rule:
The [ABA's] updated race-conscious diversity standard is typical of the new equity-focused concept of antiracism in which skin color matters first and foremost. Its main result would be to make law schools more race-conscious, more politically correct, and less intellectually diverse.
A revised standard that requires law schools to diversify their faculty, staff, and student bodies removes from those law schools any academic judgments their administrators might exercise related to the “narrowly tailored” diversity efforts approved by the Supreme Court in Grutter v. Bollinger. In Grutter, the Court deferred to the academic freedom of universities seeking diversity for educational reasons. By requiring law schools to pursue diversity, however, the ABA substitutes its own judgment for theirs, and forces a reliance on the ABA rules simply to ensure accreditation.
Another problem is definitional. What constitutes “effective” use of diversity? How many faculty members from “underrepresented” groups are required? The ABA seems unconcerned with such details.