Buckeye Reporter

The Buckeye Institute has submitted comments to the American Bar Association (ABA) regarding proposed changes to Standard 206 of the ABA Standards and Rules of Procedure for Approval of Law Schools. The institute argues that these changes, which focus on diversity based on group identity, conflict with a Supreme Court decision.

The letter from The Buckeye Institute highlights concerns about the November 18, 2024 amendments, which alter the standard's title from "Diversity and Inclusion" to "Access to Legal Education and the Profession." Despite this change, the institute claims that the standard still emphasizes diversity based on group identity.

According to The Buckeye Institute, "the proposed rule illegally pressures schools to use group identity in admissions and hiring," violating the Supreme Court's ruling in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. They argue that this approach undermines equal protection under the Fourteenth Amendment by focusing on immutable characteristics rather than individual abilities.

The letter cites Justice Thomas' concurrence in SFFA: “just as the alleged educational benefits of segregation were insufficient to justify racial discrimination [in the 1950s], see Brown v. Board of Education, the alleged educational benefits of diversity cannot justify racial discrimination today.” It further states that “[w]hat cannot be done directly cannot be done indirectly.”

The Buckeye Institute suggests an alternative formulation for Standard 206 that emphasizes individual access without reference to group identity. Their proposal includes a commitment by law schools to provide access and supportive environments for all individuals based on their unique abilities.

David C. Tryon, Director of Litigation at The Buckeye Institute, concludes by urging the Council to reconsider its proposed changes and adopt their suggested standard instead.