TBA Law Blog


Posted by: Azya Thornton on Feb 5, 2025

The American Bar Association (ABA) urged the presidential administration to roll back its executive order calling for federal investigations into diversity and inclusion efforts by bar associations, citing the groups' First Amendment rights, Reuters reports. The ABA's resolution, adopted Monday, asks the administration to modify the executive order to clarify that it will not be enforced in a manner that infringes on constitutional rights. “The First Amendment prohibits the federal government from interfering with the expressive rights of bar associations and others by threatening them with investigation and prosecution for adopting or promoting [diversity and inclusion],” reads a report supporting the resolution. Last year, attorneys general from 21 states, including Tennessee, sent a letter to the ABA opposing efforts to impose race-based admissions and hiring requirements on law schools through the accreditation process.