Everything that is not prohibited is compulsory.
When the Supreme Court said that affirmative action in law school admission was not Unconstitutional, I don’t think they meant that it should be compulsory. But, the ABA’s political agenda hasn’t had much to do with the actual law for years.
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.