Last month, the ABA Journal invited me to write an essay on the topic of my choice. I'll admit, at first I was skeptical. The ABA Journal has historically skewed left, and represents an organization that skews even harder left. Yet, the editors stressed that they were looking to improve the range of viewpoints expressed in the ABA Journal. I took them up on their kind offer. And my first essay (hopefully not the last) takes on the American Bar Association head on. It is titled, "The ABA needs ideological diversity to ensure its future."
A generation ago, nearly half of the lawyers in the United States were members of the American Bar Association. Today, that number is probably closer to 20%, if not lower. This decline is often attributed to an unwillingness of young attorneys to join civic organizations. Or perhaps lawyers no longer see tangible benefits from membership. Or maybe the dues are too high. All of these explanations ignore the elephant in the room—and I mean elephant in the figurative and political sense. The American Bar Association consistently skews to the political left. And this progressive mandate alienates conservative lawyers.
For example, I discuss ABA Model Rule 8.4(g), ABA diversity mandates for CLE, as well as ABA proposals to eliminate the LSAT requirement. I explain the risk that the ABA faces:
