Gordon M. Jackson, Jr. v. The American Bar Association, an Unincorporated Association

Plaintiffs-appellants appeal from a judgment of the United States District Court for the Southern District of California dismissing their action against the defendant. That action sought to enjoin the defendant, American Bar Association (ABA), from allegedly perpetrating discriminatory acts against plaintiffs resulting in depriving them of substantial rights as members of the ABA. The action was brought as a class action by five law student members of the ABA on behalf of themselves and approximately 2,600 others attending law schools not approved by the ABA.

Each law student member of the ABA is automatically enrolled in the Law Student Division (ABA/LSD), one of twenty sections and divisions of the ABA. The ABA/LSD is governed by bylaws approved by the governing body of the ABA. In August 1970, the ABA/LSD House of Delegates adopted a resolution to delete such terms as “approved” and “unapproved” law schools from the bylaws governing law student membership and proposed a similar resolution to the ABA, which was duly adopted. The effect of this action was to make any bona fide law student eligible, under such conditions as the ABA Board of Governors might prescribe, to…