ABA DEI Rule for U.S. Law Schools Eliminated by Council

The American Bar Association council that accredits U.S. law schools voted Friday to repeal the ABA DEI rule known as Standard 206. According to Reuters reporting by Karen Sloan, the vote came amid mounting pressure from the Trump administration and Republican-led states. The council passed the measure 10 to 4.

The council had suspended enforcement of Standard 206 in February 2025. In May 2025, it extended that suspension through August 2026, and earlier this year extended it again through August 2027.

What the ABA DEI Rule Required

Standard 206 required law schools to “demonstrate by concrete action a commitment to diversity and inclusion by providing full opportunities for the study of law and entry into the profession by members of underrepresented groups.” It also required schools to maintain “a faculty and staff that are diverse with respect to gender, race and ethnicity.”

Federal Pressure Drove the ABA DEI Rule Vote

The ABA Standards Committee recommended a full repeal rather than continued suspension. In a memo to the council, the committee wrote that the ABA’s status as the sole national accreditor of law schools “would be imminently threatened” if Standard 206 were not scrapped.

The committee pointed to March 16 letters from the U.S. Department of Education to the Middle States Commission on Higher Education and the Commission on Accreditation in Physical Therapy Education. According to the memo, those letters indicated “that any application of racial diversity standards would be viewed by the department as a violation of federal law.” The Department has signaled that suspending such standards is not sufficient — full repeal is required.

A Reluctant Yes on the ABA DEI Rule

Reuters reported that council member David Brennen, a former dean of the University of Kentucky College of Law, said he still supports DEI policies but voted to end the standard.

“I think it’s appropriate as an accrediting body that we eliminate that standard so we don’t inhibit the diversity of ideas out there in various types of legal education environments,” Brennen said.

The council received 50 public comments on Standard 206’s status during the 45-day notice-and-comment period that closed April 13. Of those, 48 opposed repeal and two supported it.

What Happens Next for the ABA DEI Rule

The vote on the ABA DEI rule is not final. The ABA House of Delegates is scheduled to review the measure at its August meeting and must concur for the repeal to take effect.

The state supreme courts of Texas, Florida, and Alabama have moved to break ties with the ABA’s accreditation council. In April 2025, President Donald Trump signed an executive order directing U.S. Education Secretary Linda McMahon to assess whether to suspend or terminate the ABA’s recognition as a federal accreditor. The ABA currently accredits nearly 200 U.S. law schools.

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Disclaimer

Toppe Consulting is a marketing and public relations firm, not a law firm. The information in this article on the ABA DEI rule is provided for general informational purposes only. It does not constitute legal advice, accreditation guidance, or a recommendation on any course of action. Reporting on the ABA DEI rule in this article is based on public coverage by Reuters and other publicly available sources. Toppe Consulting is not affiliated with the American Bar Association, the U.S. Department of Education, or any party referenced. Readers seeking legal advice should consult a licensed attorney in their jurisdiction. The views expressed do not necessarily reflect those of our clients or partners.