ABA President Says They Aren’t ‘Retreating’ From Diversity Promises. Does He Know What The ABA Has Been Up To?

Great lawyers have an intimate relationship with words. They know how words feel. They know what words mean. As do the writers at Merriam-Webster. That is why when someone uses a word incorrectly, the staffers at Merriam-Webster take it upon themselves to set the record straight on word’s behalf:

Another important word to remember is the word “retreat.” Merriam-Webster defines retreat as “an act or process of withdrawing especially from what is difficult, dangerous, or disagreeable” and “the process of receding from a position or state attained.” Keep this definition in mind as you read this snippet from the ABA president’s address on the importance of diversity. From Bloomberg Law:

The American Bar Association isn’t “retreating” from diversity, equity, and inclusion in the face of the Trump administration’s efforts to block such initiatives, the group’s leader told a Cleveland audience on Tuesday.

“Bias is real, and we have to confront it,” ABA President William R. Bay said. His comments at a City Club of Cleveland forum came after the group, amid pressure from the White House, in February suspended its DEI mandate for law schools.

William.

The ABA has been retreating from diversity since the SFFA v. Harvard decision by failing to meaningfully define what it is or why it’s important because doing so would be “dangerous” or “disagreeable.” One may, as a matter of taste, prefer to say that the ABA has acquiesced (Bloomberg Law preferred the more scathing route and opted to say that the ABA bowed to the administration) from DEI commitments because of pressure from the White House, but the decision to extend the moratorium on the DEI accreditation standard because of the Trump administration still falls squarely under the “process of receding from a position or state attained” prong of retreating.

One thing the ABA definitely isn’t doing is advancing (an antonym of retreat) DEI causes in the face of the Trump administration. The ABA has offered diversity truisms like “We must fight for what we believe in” and is fighting to regain ground after the administration targeted Biglaw for its diversity programs, but catching up to where things were is not an advance. We should hold institutions to a higher standard than pretty words and maintaining the status quo if things we actually value are under attack.

ABA President Touts DEI After Delaying Law School Diversity Rule [Bloomberg Law]

Earlier: ABA Committee Decides To Diversify Diversity. It Should Come With A Clear Reason For Why That’s Important.

ABA Likely To Extend Suspension Of Diversity Requirement For Law School Accreditation

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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 is learning to swim, is interested in 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.