American Bar Association Keeps Proving It’s A Left-Wing Activist Group
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American Bar Association Keeps Proving It’s A Left-Wing Activist Group
The American Bar Association enforced a standard it knew was constitutionally infirm, cannot justify its own benchmarks, and has appointed itself an amender of the Constitution.
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For 74 years, the American Bar Association has had a monopoly on saying which law school diplomas count. Now the Department of Education’s accreditation staff recommended taking that monopoly away.
Anyone who has read the report will understand why. And anyone who has watched the ABA operate over the last decade should have seen it coming. Indeed, even while under the highest level of scrutiny, the ABA cannot help itself. In its most recent filing with the U.S. Supreme Court, the ABA took the position that despite Congress passing a law allowing indefinite detention of illegal alien felons before deportation, such a policy is unconstitutional.
Given the ABA’s partisan commitments, it is unsurprising that the Department of Education recommends finding the ABA’s Council of the Section of Legal Education and Admissions to the Bar out of compliance and recommends a simple solution: deny. Assistant Secretary David Barker explained the structural problem: Accreditation “operates like a cartel,” and “when there’s no competition, accreditors feel free to inject their own political preferences, their own ideologies into the work that they do.”
The ABA and its defenders will likely call this (like other adverse actions for its institutional discrimination) political. But before those defenders rush to credit the ABA, they should read the eye-opening report.
Start with Standard 206, the ABA’s so-called diversity mandate. It required every accredited law school to show “concrete efforts” toward a diverse student body, faculty, and staff — and the ABA’s own training materials instructed site evaluators that reporting demographic numbers was not enough.
In 2022, when the council revised Standard 206, its Standards Committee received comments warning that the standard “could result in racial balancing or other practices inconsistent with the Equal Protection Clause.” Almost an admission of illegality. The ABA answered that the Supreme........
