The American Bar Association’s Not-So-Separate Law School Accrediting Council
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The American Bar Association’s Not-So-Separate Law School Accrediting Council
The American Bar Association president, Michelle Behnke, gave a disastrous performance at a House Oversight Committee Task Force hearing last week.
She doubled down on DEI and couldn’t answer even straightforward questions.
In one emperor-has-no-clothes moment, she refused to answer what her implicit biases might be—even though the ABA proclaims that everyone has them.
In another, she said that she didn’t know if the U.S. has ever had a transgender Supreme Court Justice.
And in yet another, she refused to repudiate President Joe Biden’s exclusion of black men—solely on their biological sex—from consideration to be a Supreme Court Justice.
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But Democratic members of the Task Force tried to argue that Behnke’s and the ABA’s views don’t matter. They said that when it comes to law school accreditation it’s technically the Council of the ABA’s Section of Legal Education and Admissions to the Bar that functions as the accreditor.
And Behnke, in her opening statement and written testimony, said that the “Council is separate and independent from the ABA.” Moreover, she said that this “separation is legally required by the Department of........
