Anybody hoping to become a lawyer in the United States will now have to meekly submit to several rounds of political propaganda, thanks to a new decree from the American Bar Association.
BREAKING: the American Bar Association just approved new accreditation standards that require law schools to educate students "on bias, cross-cultural competency, and racism." That education should cover lawyers' professional "obligation" to "eliminate…racism in the law."
— Aaron Sibarium (@aaronsibarium) February 14, 2022
The American Bar Association is a national professional association for America’s attorneys. Despite being a private organization, the ABA holds substantial real-world influence, as it sets professional standards for lawyers and is the only nationally-recognized accreditor of the nation’s law schools. So, when the ABA tells law schools to do something, it really matters; every school of note has to obey.
The ABA has posted the text of the new rule online, along with its own interpretation of their meaning. While leaving open some wiggle room (for now), the ABA’s interpretations clearly encourage schools to implement mandatory classes on “racism” for students to graduate.
From the ABA’s website:
While the rule is written to seem innocuous, nobody is fooled about what this means. Last summer, when the rule was only up for consideration, ten members of the Yale Law faculty pointed out the exact ramifications if it were passed:
We find particularly disturbing the proposed change to Standard 303, mandating two new course requirements and attempting to dictate the course content for these offerings. One is a course on professional identity that requires instructing students that their obligation is to eliminate racism in the legal profession, and the other is a course presupposing that some students are biased and racist and therefore need instruction euphemistically referenced as “cross-cultural competency.”
In front of our very eyes, we are watching another pillar of civic life become another interchangeable cog of the ideology that treats “racism” as America’s chief concern and ordinary white, Christian, heritage Americans as the country’s greatest villains.
Like so many other developments of the past several years, this is an opening volley in what will likely become the total politicization of law as a profession. For a glimpse of how that could evolve in the years to come, simply look north to Canada. In 2017, the Law Society of Ontario imposed on all lawyers in the province an “obligation to promote equality, diversity and inclusion generally.” The society repealed the mandate in 2019 after a major rebellion among provincial attorneys, who pointed out the inherent political totalitarianism of the command.
From Monday’s new rule, it is easy to see all kinds of ways that the woke cancer could spread. Every lawyer is required to pass a character and fitness evaluation before being admitted to the bar. Progressives have already complained that neo-Nazis are able to pass, but now it is easy to imagine professional bodies disqualifying not just literal Nazis, but all “fascists,” “racists,” “insurrectionists,” and “disinformation purveyors” from joining the legal profession. Existing pro-bono and continuing-education requirements could become more explicitly politicized.
This expansion will be easy, since even by corporate America standards, the legal profession is aggressively woke. Thirty-four of the nation’s largest law firms signed on to a New York Times op-ed denouncing “family separation” at the border and vowing to do pro bono work to pump America full of as many “asylum seekers” as possible. Finding lawyers who list their preferred pronouns is trivially easy.
Unfortunately, the ABA is not an outlier and it hasn’t been hijacked by a small cabal. The organization hasn’t become an aberration from the overall legal architecture of America. The ABA is simply fulfilling the chief ideological and political purpose of the legal profession (and in fact, all professions) within the Globalist American Empire.
Sure, perhaps many decades ago, the American legal system existed to adjudicate disputes, punish criminals, provide a framework for ordered liberty, etc. Today? Right now, the legal system exists to entrench woke directives in every sector of American life. The American legal system is no longer delimited by constitutional norms, common law traditions, or even conventional statutes.
Instead, the woke agenda is fundamentally grounded in “disparate impact” theory, as we have discussed in earlier Revolver features:
Disparate impact is the legal theory that a policy or practice can be illegal under civil rights law even if nobody is actually treated differently on account of their race. That is, even if a policy is totally race-neutral and meritocratic on its face and in its execution, it can still “perpetuate” a “racist outcome” which our brutally unjust clown regime labels discrimination, or as they call it, “disparate treatment”.
Unsurprisingly, standards of merit and law and order have collapsed across the country. But until this point, most who oppose this unwelcome development and its ill effects have been virtually clueless about the cause of their woes. They ask: Why can’t we have nice things?
Why can’t Oregon make reading or math a condition of graduating high school?
Why can’t San Francisco arrest people for shoplifting?
Why can’t high schools discipline disruptive students anymore?
Why can’t major universities use standardized testing anymore?
Why can’t people show an ID to prove who they are before they vote?
Every single time, the answer is the same: disparate impact, the doctrine that destroyed America.
This doctrine is so broad and dominant that it brings even the world’s richest men and their enormous corporations to heel. As we wrote last fall after a court slapped Tesla with a $137 million fine for “civil rights” violations:
It is true that America’s woke insanity is fundamentally divorced from reality, and it is certainly the case that when businesses prioritize wokeness they do so at the expense of efficiency and operational excellence. This would be the only and decisive factor if there were a truly free marketplace, and producing the best product for the cheapest price was the only relevant factor for success.The reality, however, is that the market economy exists within a larger ecology that includes an adversarial legal structure, mobilized political pressure groups, and a hostile media, among other things. This much is obvious. What is not obvious, however, is how this larger ecology operates in such a way as to make it impossible for a business to succeed, especially at the highest level, without bending the knee to the American Regime’s woke ideology.
Perhaps the more accurate corollary is actually “Get Woke or Go Broke.”
“Get Woke or Go Broke” applies to law firms and the legal profession just as much as it does megacorporations or universities. The American Bar Association isn’t going astray when it imposes woke propaganda on law schools. It is very much fulfilling what is now its primary purpose. If anything, the ABA is being refreshingly honest about what the real role of lawyers is in modern America. The ABA’s new decree is simply an open display of the values that are already embedded in the very marrow of American law.
But the capture of the ABA by the forces of woke Cultural Marxism doesn’t mean we can’t do anything to improve the situation. In fact, the ABA problem is one that could be fixed easily, right now, without having to win a single additional election.
Few have paused to ask a highly relevant question: Why, exactly, is the American Bar Association dictating what is taught in law schools at all? The ABA holds this power because, every single year, through their own inaction, Republicans hand this power straight to it. The laws of almost every state in the country strongly encourage aspiring lawyers to earn a degree from an ABA-accredited school. Eighteen US states mandate that all barred attorneys hold a degree from an ABA school. Thirteen of those states voted for Donald Trump in 2020. Twelve of them have unified Republican control of the state legislature and governor’s mansion.
By requiring or strongly incentivizing ABA-accredited degrees to become a lawyer, state governments are voluntarily giving the ABA power.
The stranglehold of the ABA on the legal profession may have made sense decades ago. In the 1970s, more than half the nation’s lawyers were ABA members, the organization itself more big-tent and less politicized, and America itself was just less divided along sharp ideological lines.
But times have changed and the old America is gone; it will not return any time soon. Today, of America’s 1.3 million lawyers, only about 180,000 are dues-paying ABA members, less than fourteen percent. The core that remains do not represent the broad spectrum of the American legal profession, but an ideologically left-wing subsection of it. This liberal drift has been ongoing for decades. Back in 2006, the Bush Administration ended the ABA’s traditional role in evaluating judicial nominees, in response to decades of left-wing tilt at the organization.
While the most prestigious, highly-ranked law schools (Harvard, Yale, Stanford, etc.) are mostly private, there are plenty of flagship public law schools in Republicans-controlled states that are the most important law school in their states, and too distinguished for the ABA to simply tear down: The University of Texas-Austin, the University of Virginia, William and Mary, Ohio State, the University of Iowa, and so on.
So the fix to the ABA’s overreach is straightforward: Strip it of its powers, right now.
State legislatures could take a page out of Chris Rufo’s book, and pass laws banning all CRT-style classes at any public-funded law school, and prohibiting the schools from requiring any “bias training” in order to receive a degree. With even a modicum of planning, several states could act in concert. If Texas, Alabama, Indiana, and Iowa (all states with unified Republican control) passed such laws, the ABA would be immediately broken. It may be powerful, but its powers are not remotely on par with the lawmaking authority of American states.
They could do more. A coalition of red states could collude on their own school accreditation standard, in order to evade the ABA’s reach without simply throwing the gates open to any sham law school that wants to enrich itself with money from student loans and the GI Bill. If enough states get on board, they could conceivably get more ambitious: They could declare the tenets of CRT so antithetical to just legal practice, that they will henceforth only bar attorneys from schools that do not teach such poison.
Even now, 24 states have completely GOP-controlled legislatures. After this coming November, that number could easily grow. The only limit here is imagination and will. When liberals see an institution blocking their path (small businesses, police departments, the nuclear family), they fight ruthlessly and relentlessly to crush it.
If the enemies of the left aren’t willing to take the same attitude, and euthanize hijacked institutions that have outlived their purpose, then they deserve to be ruled over like slaves.