Prior to the 2024 election, Trump administration hopefuls had no qualms sharing plans to hunt down political opponents after rising to power. Once they got in, they quickly started making good on those campaign promises. Had a hand in the Trump investigations? Fired. Next on the list is hunting down anybody involved in DEI. This isn’t metaphorical — there are actual lists going around. And government employees aren’t the only ones facing this purge; bar associations are being investigated for their DEI involvement. The ABA recently spoke out against it:
The American Bar Association urged the Trump administration to roll back its executive order calling for federal investigations into diversity and inclusion efforts by bar associations, citing the groups’ 1st Amendment rights.
The resolution adopted by the group on Monday marks its first public stance against the Jan. 21 executive order that cited bar associations along with medical associations, publicly traded companies and other private-sector entities as potential targets for federal civil investigations into diversity, equity and inclusion programs that may “constitute illegal discrimination or preferences.”
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Will urging the Trump administration actually prevent anything? Probably not. It isn’t like urging him to abide by the Constitution gave him any hesitancy when trying to get rid of birthright citizenship. Do you really think the First will fare any better if it gets in the way of Project 2025’s goals? While we’re on the topic of constitutionality, it isn’t like the ABA has had the best track record defending diversity after SFFA v. Harvard. They tried to have a huddle up to redefine the importance of diversity in the profession and the results were lackluster at best. Is having a stance better than quietly acquiescing to whatever is being asked of you? On paper sure, right up until you give them what they wanted anyway. The story is still developing, but don’t hold your breath for too long.
ABA Opposes Any DEI Probes Into Bar Associations [ABA Journal]
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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 cannot 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 [email protected] and by tweet at @WritesForRent.