Law Schools

'The Decision Is Difficult,' Says Jurist Failing To Seriously Consider Decision

The bar exam's defenders aren't even trying anymore.

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While bar exams around the country this week face hurdle after hurdle and infection rates continue to rise, there are still some authorities willing to forge ahead with plans for a bar exam even as the foundations of the bar exam’s entire being crumbles under even the slightest scrutiny.

As Iowa’s daily infections continue to plug along unabated, the Iowa Supreme Court denied a petition for diploma privilege offering this extremely detailed reasoning in an email provided to the Iowa City Press-Citizen:

“Graduates taking the exam should be assured that we have carefully considered those communications on all sides of the issues and weighed all the available alternatives,” said Iowa Supreme Court Justice Thomas D. Waterman, in an email provided to the Press-Citizen. “Although the decision is difficult, we have concluded that a waiver of the bar exam requirement is not in the best interests of the legal profession or the public.”

Based upon…? There’s certainly no data backing up that claim. On the other hand, there seems to be an abundance of evidence in Iowa right now that refusing to heed public health advice is not in the best interests of the public.

Honestly, it’s not even that these people keep declaring fealty to their antiquated hazing ritual in a time of crisis — bad though that may be — it’s the profound laziness of it. This recalls the Minnesota Supreme Court opinion that blundered through three pages of empty buzzwords en route to ignoring public health risks and declaring that the bar exam will go on. Say what you will about the NCBE’s shoddy anti-diploma privilege arguments, at least they tried!

Remember to check out our omnibus bar exam news hub here.

‘I don’t think it’s safe’: Law school graduates prepare for in-person bar exam despite calls for alternatives amid pandemic [Des Moines Register]

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Earlier: ABA Disciplinary Study Throws Water On ‘Bar Exam Protects The Public’ Argument
State Supreme Court Hears Public Health Concerns, Ignores Public Health Concerns
NCBE Trashes Diploma Privilege, Sprinkles In Some Racist And Sexist Conclusions

HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

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