Wednesday, June 27, 2018

Law Schools Need a New Governance Model

Undaunted, the ABA bullies law schools into compliance with its liberal agenda. As University of San Diego law professor Gail Heriot (who also serves as a member of the U.S. Commission on Civil Rights) recounted in the Wall Street Journal, in the early 2000s the ABA threatened to revoke the accreditation of George Mason University’s law school (now known as Antonin Scalia Law School) if it did not lower its admission standards for minority applicants (especially African-Americans), solely to increase the number of minority students it enrolled. In the name of “diversity,” GMU was forced to discriminate on the basis of race by accepting some students who did not meet its color-blind admissions criteria. The ABA literally forced an unwilling law school to engage in preferential admissions, in violation of Grutter v. Bollinger (2003). [3]

In 2006, GMU law professor David Bernstein complained (also in the Wall Street Journal) that the ABA’s proposed “diversity” requirements would, if adopted, “only embolden the accreditation bureaucracy, composed mainly of far-left law professors, to demand explicit racial preferences and implicit racial quotas — all in brazen defiance of the law.” Bernstein’s prediction has come true. In the official “interpretation” accompanying the ABA’s Standard 206 (titled “Diversity and Inclusion”), the ABA expressly states that “The requirement of a constitutional provision or statute that purports to prohibit consideration of gender, race, ethnicity, or national origin in admissions or employment decisions [such as California’s Proposition 209] is not a justification for a school’s non-compliance with Standard 206.” (Emphasis added.)


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