ABA’s Defunct Diversity In Law School Standard Moves Toward Getting Repealed

Above the Law

by Chris Williams

February 23, 2026

AI-Generated Deep Dive Summary

The American Bar Association (ABA) is making significant strides toward repealing Standard 206, which previously required law schools to implement concrete actions promoting diversity and inclusion. This standard aimed to ensure that underrepresented groups had equal opportunities in legal education and the profession. However, following the Supreme Court's decision in *SFFA v. Harvard*, the ABA suspended Standard 206, leading to a series of challenges and criticisms. States like Texas, Florida, and Tennessee used this suspension as justification to distance themselves from ABA accreditation, while the FTC argued that diversity requirements increased educational costs. In an emotional vote, the ABA's Council decided to advance a proposal for the repeal of Standard 206, extending its suspension until August 31, 2027. This move reflects a shift toward prioritizing clarity and consistency in accreditation standards over maintaining diversity mandates. While some ABA members view this as an opportunity to provide law schools with clear guidelines, others express concern that the repeal undermines efforts to promote inclusivity and representation in legal education. The implications of this decision are far-reaching. Law schools may face reduced incentives to prioritize diversity initiatives, potentially affecting the pipeline of underrepresented groups entering the legal profession. Advocates for diversity argue that such a move could hinder progress toward a more inclusive judiciary and legal community. Critics, however, maintain that the repeal is necessary to avoid overstepping into areas where federal courts have restricted affirmative action practices. Ultimately, the ABA's decision highlights the ongoing tension between maintaining diversity goals and adhering to judicial limits on affirmative action.

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Originally published on Above the Law on 2/23/2026