American Bar Association Pauses DEI Standard Amidst Trump Administration Crackdown
Introduction
The American Bar Association (ABA) has voted to temporarily suspend its diversity, equity, and inclusion (DEI) standard for law schools, known as Rule 206. This decision comes as the Trump administration intensifies its efforts to eliminate DEI programs and initiatives within the federal government.
ABA’s Suspension of Rule 206
On March 12, 2022, the council of the ABA Section of Legal Education and Admissions to the Bar voted to pause Rule 206 until August 31, 2022. This suspension aims to allow the council to review a proposed revision to the rule and assess its compliance with the evolving legal landscape.
Daniel Thies, chair-elect of the council, explained the rationale behind the suspension: "With the executive orders and the law being in flux, it would be an extreme hardship for law schools if our standards were to require them to do certain things that may cause them to take more litigation risks and potentially violate the law."
Trump Administration’s Anti-DEI Agenda
The Trump administration has been relentless in its pursuit to eradicate DEI programs and initiatives across the federal government. Citing concerns over lowered standards and a "woke agenda," President Trump has issued a series of executive orders targeting DEI in different sectors.
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Executive Order on Diversity Training: Issued on January 20, 2021, this order prohibited the use of federal funds for diversity training programs that teach "critical race theory" or other ideologies that divide people on the basis of race, gender, or sex.
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Executive Order on Federal Contractors: Issued on September 22, 2020, this order barred federal contractors from engaging in DEI-related activities that the administration deemed to be controversial or divisive.
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Executive Order on the Military: Issued on October 5, 2020, this order banned "radical gender ideology" and DEI initiatives from all branches of the U.S. military.
Reaction to ABA’s Suspension
Attorney General Pam Bondi hailed the ABA’s decision as a "victory for common sense." She stated that the suspension of Rule 206 marked a return to meritocracy in the legal system.
Others, however, expressed concern about the implications of the suspension on diversity and inclusion in law schools. They argued that DEI initiatives are crucial for creating a more equitable and just legal profession.
Legal Challenges to Trump Administration’s Orders
Several lawsuits have been filed challenging the legality of the Trump administration’s anti-DEI executive orders. On March 11, 2022, a federal judge granted a preliminary injunction blocking parts of Trump’s executive orders, ruling that they likely violate the Constitution and free speech rights.
The injunction prevents the Trump administration from ending federal support for DEI-related programs and from canceling contracts with entities that promote diversity, equity, or inclusion.
Conclusion
The ABA’s suspension of its DEI standard for law schools is a significant development in the ongoing debate over diversity and inclusion in the legal profession. While the Trump administration’s anti-DEI agenda continues to face legal challenges, the future of DEI initiatives in law schools and other institutions remains uncertain.
