"'African Americans' are underrepresented, but is that true of, say, Nigerian Americans, who have among the highest incomes of all American groups? 'Asian Americans' overall do very well in educational achievement, but that's primarily because of the success of Chinese, Japanese, Indian, and Korean Americans. Are Vietnamese, Cambodian, Hmong, Bangladeshi, Pakistani Americans well represented in the American legal profession? I doubt it. In the white category, how many Appalachians wind up as attorneys are legal faculty? Cajuns? Yemeni, Iraqi, and Egyptian Americans (contrary to popular belief, all Arabs are counted as white)? If the ABA is truly concerned about underrepresented ethnic groups, is there a sound reason why someone of Argentine or Spanish descent should be of special interest to law schools because they (justifiably) check the Hispanic box, but not someone of Hmong or Yemini descent?"
From "The American Bar Association's Problematic Proposed 'Diversity, Equity, and Inclusion' Rules for Law Schools" by David Bernstein (The Volokh Conspiracy).
