Most State Bars Will Have To Choose Between Diversity Or Dollar Signs

The threat of being defunded is pulling the rug out from under many an organizations’ “steadfast” commitment to diversity, equity, and inclusion. Shortly after the Department of Education’s “Dear Colleague” letter, we got word of law schools scrubbing DEI mentions from their websites and that the American Bar Association decided to stop enforcing DEI accreditation requirements on law schools. The next step is waiting to see how state bars will respond to the push to get rid of DEI programs. From Bloomberg Law:

Under threat from the Trump administration and lawsuits from conservative litigators, state bar groups across the country are deciding whether to shelve diversity programming or risk getting dragged into court.
…
Some bar leaders are resolute, including Connecticut Bar Association President Tim Shearin. His organization will continue programs like its diversity summit and a law camp for high school and college students.

“Our promise to make the legal profession open to all remains steadfast,” he said in a statement.

Eight state bars said they didn’t plan on changing their DEI programs.

Eight is a far cry from 50, but it’s a start! And for what it’s worth, Shearin is right. If the state bars that used all of that flowery language to justify DEI programs actually believed in what they were saying, they’d do what it takes to make sure that capable disenfranchised folks will have the opportunities that would otherwise lie outside of their reach.

The state bars that have the most freedom to maintain DEI programs are ones that 1) don’t receive federal funds and 2) don’t make the right to practice in the state contingent on mandatory membership. Targeting state bars for the latter reason has been a Wisconsin Institute for Law and Liberty staple strategy that will likely pick up steam elsewhere. Some state bars will inevitably bow to the crown — the Florida Bar has already scrubbed mentions of DEI from its policies — but the bars committed to maintaining equity may change their funding mechanisms or membership requirements to meet their goals.

Trump’s State Bar DEI Threat Emboldens Diversity Policy Attacks [Bloomberg Law]

Earlier: The Department Of Education Finally Dropped The ‘No DEI By Proxy’ Shoe We Were All Waiting For

Law Schools Respond To The Executive Threatening To Cut Federal Funding Over DEI

Wisconsin Institute For Law And Liberty Fights For Right To Not Support Minorities

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who is learning to swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.

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