Yesterday we informed you concerning the controversy brewing over the July administration of the D.C. Uniform Bar Exam. Last week, of us that wished to take that examination discovered that capability on the examination can be capped at 1,100 — which is *half* the quantity of people that took the July 2021 check. What’s extra, in addition they discovered that precedence registration can be given to those who attended legislation college within the District of Columbia. Oh, and by the point they discovered simply how crunched seating can be on the examination, the deadline to register for a lot of different jurisdictions had handed.

It’s a dilly of a pickle for the D.C. Court of Appeals who administers the examination and an extremely anxious state of affairs for the tons of who possible discover themselves locked out of the bar examination.

On Friday, Chief Judge Anna Blackburne-Rigsby responded to a letter from 100+ legislation college deans that virtually begged the D.C. Court of Appeals to discover a method to accommodate the wannabe check takers. That response repeated lots of the excuses we’ve heard earlier than, that seating capability is proscribed on the venue:

“The Court has secured the largest venue available in D.C. on the dates of the exam. The seating capacity was determined by the size of the venue. We are able to seat a total of 1,100 applicants. The use of multiple smaller venues does not meet the needs for implementing best practices for administering a high stakes exam.”

And that the courtroom’s April 1 announcement that there can be restricted seating on the July examination ought to have given candidates sufficient discover to register for different jurisdictions’ exams. Of course, that April discover didn’t present check takers with any sense of *how* restricted the seating can be and particularly not that capability can be half of what was wanted in 2021.

But quite that look forward to all of his fellow deans to get collectively and reply, Erwin Chemerinsky, dean and Jesse H. Choper Distinguished professor of legislation on the University of California, Berkeley, School of Law, took the mic. As reported by he finds it fairly sus that there isn’t an even bigger venue obtainable: “It is hard to believe that in the entire D.C. metropolitan area there are not facilities that you could find to accommodate more test takers.”

He continued:

“Moreover, your letter does not address the concern of the deans that it is arbitrary and unfair to favor those who attended D.C. law schools over those who went to law school in other jurisdictions,” Chemerinsky wrote. “I cannot understand the rationale for such favoritism and I think it is likely unconstitutional.”

This isn’t the primary time legislation college deans have fought bar examiners over preferential remedy. Two years in the past, New York introduced an analogous plan, however backed off when deans threatened to take them to courtroom.

Chemerinksy stated he believes giving preferential seating for the bar “violates equal protection because it is so arbitrary and serves no legitimate purpose.”

“If done by a state, it would violate the dormant commerce clause,” he stated. “But it is unresolved whether the dormant commerce clause applies to the District of Columbia,” including that he didn’t know whether or not a lawsuit is being ready at the moment.

Prior in-person administrations of the D.C. bar examination happened on the D.C. Convention Center, which has a bigger capability. However, an anime conference booked that house over the past week of July, and can accomplish that sooner or later.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are one of the best, so please join together with her. Feel free to e mail her with any ideas, questions, or feedback and observe her on Twitter (@Kathryn1).

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