For the first time in 43 years, lawyers who want to practice in Texas will no longer be required to hold a degree from a law school accredited by the American Bar Association, the Texas Supreme Court decided last week.
While the ABA is “continuing to work with the Texas Supreme Court—and all other state supreme courts and bar admitting authorities—to help preserve the portability of law school degrees throughout the country,” the policy “reinforces the authority that the Supreme Court of Texas has always had over the licensure of JD graduates,” Jenn Rosato Perea, managing director of the ABA’s accrediting arm, wrote in an email to Inside Higher Ed.
Since 1983, Texas has ceded some of that authority to the ABA, whose Section of Legal Education and Admissions to the Bar accredits the majority of law schools in the United States. Most other states have similar ABA oversight in place; it became a popular move in the 1980s because law was becoming increasingly national business. Widespread adoption of ABA accreditation as a licensure standard offered more uniformity and has made it easier for lawyers to practice in multiple states.
The new Texas policy comes amid the broader crackdown on higher education accreditors by the Trump administration and its allies, and specifically on the ABA, which has become a target of the Republican-led anti-DEI crusade in recent years. Indeed, the ABA suspended its diversity, equity and inclusion standards last year. Now Texas has become the first state to say it will no longer rely on the accreditor to help to set law licensure standards.
“[The Court] intends to provide stability, certainty, and flexibility to currently approved law schools by guaranteeing ongoing approval to schools that satisfy a set of simple, objective, and ideologically neutral criteria (such as bar exam passage rate) using metrics no more onerous than those currently required by the ABA,” read a Jan. 6 order signed by all nine justices of the Texas Supreme Court. “[It] does not intend to impose additional accreditation, compliance, or administrative burdens on currently approved law schools.”
While the policy likely won’t change much in the short term, critics say it invites the creation of alternative law school accreditors, which could make it harder for lawyers to move their practice across state lines.
Republican-controlled Florida, Ohio and Tennessee are weighing similar measures.
“This could be the beginning of the end of the ABA as the accreditor of choice for law schools nationally,” Peter Lake, a law professor at Stetson College of Law’s Center for Excellence in Higher Education Law and Policy, told Inside Higher Ed. “It’s a little too early to call the game, but this is a significant step toward a goal the Trump administration and many states want to see happen.”
Part of that goal involves asserting more control over higher education accreditors.
In April, Trump issued an executive order directing the Department of Education to suspend or terminate the federal recognition of accreditors found “to engage in unlawful discrimination in accreditation-related activity under the guise of ‘diversity, equity, and inclusion’ initiatives.” It specifically called for an investigation of the ABA and the Liaison Committee on Medical Education, which accredits medical schools. In June, six states—Florida, Georgia, North Carolina, South Carolina, Tennessee and Texas—announced the launch of a new regional accreditor, the Commission for Public Higher Education; at the time, Florida governor Ron DeSantis described it as part of an effort to root out “woke ideology” in higher education and break up the “accreditation cartel.”
The federal government made adjacent arguments in supporting the Texas Supreme Court’s plan to minimize the ABA’s oversight of legal education, also announced last April. In December, the Federal Trade Commission submitted a public comment letter in support of the policy, accusing the ABA of having a “monopoly on the accreditation of American law schools” and of imposing “rigid and costly requirements” mandating “every law school follow an expensive, elitist model of legal education.”
Texas Open to ABA Alternative
While the Texas court stopped short of establishing a new law school accreditor, it acknowledged that it might in the future consider “returning to greater reliance on a multistate accrediting entity other than the ABA should a suitable entity become available,” according to the final version of the policy.
Lake said that could happen eventually, especially if other states decide to follow Texas and ditch the ABA’s oversight. “This is an open invitation to form a [new law school–accrediting] organization,” he said. “And I suspect that whatever group forms will probably be a little more aligned with the Trump administration’s goals and ideas.”
Educators and experts believe such a move will only impede the goals of legal education and practice.
“ABA accreditation provides a nationally recognized framework for quality assurance and transparency; portability of licensure through recognition of ABA accreditation by all 50 states, which is critical for graduates’ career flexibility; consumer protections and public accountability through disclosure standards; and a baseline of educational quality that correlates with higher bar passage rates and better employment outcomes,” the deans of eight of the state’s 10 ABA-accredited law schools wrote in a letter to the Texas Supreme Court in June.
The dean of South Texas College of Law Houston was among those that objected to minimizing the ABA’s oversight of law licenses in the state.
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A degree from an ABA-accredited law school is generally required to pursue a career as a lawyer, said Oren R. Griffin, a law professor at the University of Tulsa College of Law.
“ABA accreditation is a national stamp of approval,” he said. “Law schools may differ on what they prioritize, such as curriculum or clinics they offer, but the standards have identified some basic requirements that allow all law schools to operate at an efficient, effective level.”
And even if a state says it will license lawyers who didn’t graduate from an ABA-accredited law school, graduates from such institutions may still face limited opportunities.
“Law schools have been very well served by these standards,“ Griffin said. “If other states were to follow suit and begin to not require ABA accreditation as a national standard, you could end up with some real disparities or differences among the 50 states, which could increase the complexities for students who are graduating and want to be able to practice in multiple states.”
Regardless of the Texas Supreme Court’s new policy, law schools won’t likely abandon ABA accreditation anytime soon, said Austen L. Parrish, dean of the University of California, Irvine, School of Law and president of the Association of American Law Schools.
“For example, a school like the University of Texas—where about 40 percent of students come from out of state and some 30 percent of graduates are placed out of state—cannot afford to not be ABA accredited. And I suspect that’s true for all of the ABA-accredited schools,” he said, adding that any school that eventually gives up ABA accreditation would be charting “a very dangerous path.”
Students who are not held to the ABA’s national accreditation standards are less likely to receive a quality legal education, Parrish said—a result long demonstrated by the poor outcomes at California’s handful of non-ABA-accredited law schools, which have high attrition and low bar-passage rates, he added.
“The unraveling of the national accreditation system would be really harmful to students and law schools,” Parrish said. “We’re in a world where schools need to recruit from all over and students end up practicing all over. To have a school that doesn’t do that makes them less attractive to students and more likely to create some of the problems at some of the unaccredited schools in California.”
And even if Texas and other states do band together to form their own law school accreditor, rivaling the ABA’s influence would be a challenge.
First, “it’s very difficult to set up an accrediting body and takes quite a bit of money,” Parrish said. “They could set up a regional accreditor, but it’s not necessarily clear who will see that as sufficient for licensing eligibility, which means the schools in those states will still have to go with ABA accreditation … I’m skeptical that more progressive states are going to buy into something that’s blatantly political.”
For now, he interprets the Texas order as a placeholder.
“There probably won’t be many changes right now,” he said, “other than keeping the pressure on the ABA, because [Texas] has signaled a willingness to move to a different approach, though it’s not clear what that is right now.”
