+ Changes could reshape law school standards nationwide.
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The Daily Docket
The Daily Docket
A newsletter by Reuters and Westlaw
By Caitlin Tremblay
Good morning. The ABA is eyeing major changes to DEI-related accreditation rules. Plus, OpenAI CEO Sam Altmanwill take the stand in Elon Musk's lawsuit against the company; the full 5th Circuitwill rehear a challenge to the Pregnant Workers Fairness Act; and the Missouri Supreme Court is expected to hear arguments on a new electoral map. Astronomers have gotten their clearest look yet at the surface of an exoplanet. It’s a desolate and airless world, kind of like Tuesday. Let’s get into the news.
Why it matters The changes mark a significant retreat from the ABA’s years-long push to promote diversity in legal education and the profession. The committee warned that maintaining the current diversity rule could jeopardize the ABA’s federal recognition as an accreditor, putting the national law school accreditation system at risk.
The shift reflects mounting pressure from the Trump administration’s anti-DEI agenda and from state supreme courts, including in Texas, Florida, and Alabama, that have criticized the ABA’s standards as overreaching and have explored alternatives to its role in lawyer licensing.
What’s next? The ABA’s legal education council is set to vote on Friday. It is also considering nixing a 2022 rule on teaching bias and cross-cultural competency and narrowing its broader non-discrimination standard.
Coming up today
Constitutional: The full 5th Circuitwill rehear a lawsuit filed by the state of Texas challenging the constitutionality of 2022’s Pregnant Workers Fairness Act. Texas argues the U.S. Constitution requires House lawmakers’ physical presence to have a quorum when the act was approved.
LGBTQ+: A Rhode Island state agency charged with protecting the rights of children will urge U.S. District Judge Mary McElroy in Providence to quash a subpoena issued by the DOJ seeking medical records of minor patients who have received gender affirming care treatment at Rhode Island Hospital.
Government: A virtual status conference is scheduled before U.S. District Judge Angel Kelly in Boston in a lawsuit seeking to prevent the Trump administration from scrubbing information from parks and monuments after exhibits and signs touching on topics like slavery and climate change were removed. Read the complaint.
Voting rights: The Missouri Supreme Court is expected to hear arguments on a new electoral map that gave Republicans an advantage in seven of the state's eight congressional seats, a net gain of one seat for the party ahead of the November 4 midterm elections. Read the lower court ruling here.
Tariffs: The U.S. customs agency is expected to file a report by 12 p.m. ET with the federal trade court in New York on the progress of its first phase of a system to process refunds for the $166 billion in tariffs that were illegally imposed by President Trump. At 2 p.m. ET the court will hold a closed conference to discuss the report and progress on processing refunds.
SEC: SEC Chair Paul Atkins is scheduled to appear in conversation at the annual conference of the Financial Industry Regulatory Authority about its relationship with the SEC.
