On Tuesday, a significant shift occurred within the American Bar Association (ABA) as its House of Delegates voted to no longer reserve five Board of Governors seats specifically for women, racial minorities, and other historically underrepresented groups. These seats, introduced in 1986 to ensure diverse representation, will remain; however, the criteria for candidacy will now focus on any ABA member’s proven dedication to diversity, equity, and inclusion (DEI), rather than demographic characteristics.

This decision followed an intense debate about possibly reducing the number of reserved seats to three, but ultimately, the delegates agreed to retain all five positions while removing the demographic-based eligibility. This change aligns with the ABA's April 2025 resolution under Goal III, which emphasizes the elimination of bias and the enhancement of diversity through focusing on candidates' DEI commitments rather than their identities.

The backdrop to this policy update includes a notable decline in ABA membership, which dropped from nearly 400,000 in 2015 to 227,000 in 2024. The association has also faced considerable pressure from conservative legal groups and political figures, including criticism from the Trump administration. The former President's administration had even threatened to strip the ABA of its role as the national accreditor for law schools due to its diversity policies.

In light of these pressures and the evolving legal landscape, the ABA has decided to defer the implementation of this new policy until August 31, 2026. This delay allows for a gradual transition and provides the association time to navigate the complexities introduced by the changing political and membership dynamics.

The ABA Board of Governors, which includes 44 members serving staggered three-year terms, first established the DEI-specific seats as part of a broader initiative to enhance representation within its governance structures. Tuesday’s vote marks the first substantial alteration to this arrangement in nearly four decades, reflecting a broader reevaluation of how best to achieve and maintain diversity within leading legal institutions.