The American Bar Association council that accredits U.S. law schools voted on May 15, 2026 to repeal the ABA DEI rule known as Standard 206. The vote took place during the Council of the Section of Legal Education and Admissions to the Bar’s quarterly meeting. The decision now moves to the ABA House of Delegates, which must concur before the repeal takes effect. This article documents what Standard 206 required, what the Standards Committee memo to the Council said, and what the path forward looks like.

What the ABA DEI Rule Required

Standard 206 applied to ABA-accredited law schools and addressed two distinct areas. First, it required 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.” Second, it required schools to maintain “a faculty and staff that are diverse with respect to gender, race and ethnicity.”

In other words, the ABA DEI rule reached both admissions and recruiting practices and the composition of faculty and staff at accredited schools.

The Suspension Timeline Before the ABA DEI Rule Vote

The Council had not enforced Standard 206 for more than a year before the May 15, 2026 vote. The Council first suspended enforcement in February 2025 at its quarterly meeting in San Antonio. In May 2025, the Council extended that suspension through August 2026. Earlier in 2026, the Council extended the suspension again, this time through August 2027.

During each period of suspension, the Council did not take any action based on Standard 206, conduct evaluations of compliance with the standard, or issue guidance on compliance.

The Standards Committee Memo on the ABA DEI Rule

Ahead of the May 15 meeting, the ABA Standards Committee recommended that the Council repeal Standard 206 outright rather than continue the 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 memo pointed to March 16, 2026 letters from the U.S. Department of Education to two other accreditors: the Middle States Commission on Higher Education and the Commission on Accreditation in Physical Therapy Education. According to the Standards Committee memo, those letters indicated “that any application of racial diversity standards would be viewed by the department as a violation of federal law.”

The Standards Committee memo also stated that its recommendation was “consistent with the council’s commitment to ensure that all law schools are able to simultaneously comply with accreditation standards and the requirements of applicable laws.”

Public Comments on the ABA DEI Rule

Before the May 15 vote, the Council opened a 45-day notice-and-comment period on the proposal to repeal Standard 206. The period closed on April 13, 2026. The Council received 50 public comments in total. Of those, 48 opposed the repeal and two supported it.

What Happens Next for the ABA DEI Rule

The May 15 vote is not the final word on the ABA DEI rule. The repeal must now go before the ABA House of Delegates, which is scheduled to consider concurrence at its August 2026 meeting. Until the House of Delegates acts, Standard 206 remains formally on the books but suspended.

State-Level Actions Concerning the ABA’s Accreditation Role

Separately from the Standard 206 vote, several state supreme courts have moved during this period to change the ABA’s role in their bar admissions process. The Texas Supreme Court voted in January 2026 to part ways with the Council. The Florida Supreme Court has moved to permit graduates of non-ABA-accredited law schools to sit for that state’s bar examination. The Alabama Supreme Court has cut the ABA’s Council from its bar licensure process. 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 in this article draws from public coverage and primary-source documents, including the ABA Journal and the American Bar Association’s own press releases. 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.

Works Cited

ABA Standard 206 and the May 15, 2026 Repeal Vote

1. “ABA Legal Ed council votes to repeal diversity and inclusion standard.” ABA Journal, May 15, 2026. https://www.abajournal.com/web/article/aba-legal-ed-council-votes-to-repeal-diversity-and-inclusion-standard
2. “Diversity standard should be abolished, standards committee says to ABA Legal Ed council.” ABA Journal, May 2026. (Source for Standards Committee memo language, the “imminently threatened” quote, and the March 16 Department of Education letters.) https://www.abajournal.com/web/article/standards-committee-to-aba-legal-ed-council-kill-dei-standard
3. “Council of the ABA Section of Legal Education extends Standard 206 suspension to 2026.” American Bar Association Press Release, May 9, 2025. https://www.americanbar.org/news/abanews/aba-news-archives/2025/05/aba-council-extends-206-suspension/
4. “ABA Legal Ed council suspends accreditation standard focused on diversity.” ABA Journal, February 2025. (Source for February 2025 San Antonio meeting suspension.) https://www.abajournal.com/web/article/legal-ed-council-suspends-accreditation-standard-focused-on-diversity

State Court Actions on ABA Accreditation

5. “Alabama cuts ABA Legal Ed council from bar licensure process.” ABA Journal, May 2026. https://www.abajournal.com/web/article/alabama-cuts-aba-council-from-bar-licensure-process
6. “Legal Ed council moves forward proposals to end diversity standard, allow alternative bar pathways.” ABA Journal, February 23, 2026. (Source for Texas Supreme Court and Florida Supreme Court actions.) https://www.abajournal.com/web/article/legal-ed-council-moves-forward-proposals-to-end-diversity-standard-allow-alternative-bar-pathways