In Monday’s Wall Street Journal, Gail Heriot describes the rank thugishness of the American Bar Association’s work accrediting law schools. The case of George Mason University Law School is typical.
GMU’s problems began in early 2000, when the American Bar Association visited the law school, which has a somewhat conservative reputation, for its routine reaccreditation inspection. The site evaluation team was unhappy that only 6.5% of entering students were minorities.
Outreach was not the problem; even the site evaluation report (obtained as a result of Freedom of Information Act requests) conceded that GMU had a "very active effort to recruit minorities." But the school, the report noted, had been "unwilling to engage in any significant preferential affirmative action admissions program." Since most law schools were willing to admit minority students with dramatically lower entering academic credentials, GMU was at a recruitment disadvantage. The site evaluation report noted its "serious concerns" with the school’s policy.
Over the next few years, the ABA repeatedly refused to renew GMU’s accreditation, citing its lack of a "significant preferential affirmative action program" and supposed lack of diversity. The school stepped up its already-extensive recruitment efforts, but was forced to back away from its opposition to significant preferential treatment. It was thus able to raise the proportion of minorities in its entering class to 10.98% in 2001 and 16.16% in 2002.
Not good enough. In 2003, the ABA summoned the university’s president and law school dean to appear before it personally, threatening to revoke the institution’s accreditation.
GMU responded by further lowering minority admissions standards
And the harassment of GMU by the ABA continues.