The State of Texas has officially terminated the American Bar Association’s (ABA) oversight of law schools, becoming the first state in the U.S. to do so. This significant change ends a 42-year reliance on the ABA for law school accreditation. The Texas Supreme Court issued a final order on this decision, stating that the ABA will no longer determine which law school graduates are eligible to take the state bar exam.
Overview of the Decision
On a Tuesday in October 2023, the Texas Supreme Court issued an order emphasizing that it aims to provide stability and flexibility to law schools. The court guaranteed ongoing approval for schools that meet a set of straightforward and objective criteria, similar to those previously required by the ABA.
Implications for Texas Law Schools
- Law school graduates in Texas can now practice without needing an ABA-accredited degree.
- The authority for school approval is now solely with the Texas Supreme Court.
- The court intends to allow Texas law degrees to maintain recognition in other states.
Currently, there are no immediate changes expected to the list of approved law schools. The court has left open the possibility of returning to a different multi-state accrediting organization in the future.
Background on ABA Oversight
The ABA has been a prominent accrediting body for law schools across the country since 1923. Its standards require compliance in various areas, including faculty qualifications, curriculum quality, student support resources, diversity, and bar passage rates. Not all law schools are ABA-approved.
The Texas Supreme Court had previously held this authority until 1983, when it shifted accreditation responsibilities to the ABA. Signs of the court’s intention to sever ties with the ABA began in April 2023, culminating in a final decision announced in October.
Political Context
The change in accreditation oversight aligns with movements occurring across the political landscape. An executive order from former President Donald Trump earlier this year aimed to reduce ABA funding and criticized its diversity requirements, echoing increasing tensions between legal organizations and the government.
Support for Texas’s decision has emerged from officials at the Federal Trade Commission (FTC), who argue that the ABA’s monopoly on law school approval has stifled competition and imposed burdensome requirements. However, many deans from Texas’s ABA-accredited law schools and various legal professionals have expressed concern, arguing that this move may hinder legal mobility and raise costs for students.
Future Considerations
This significant change in Texas may set a precedent for other states. States like Florida, Ohio, and Tennessee are reportedly considering similar departures from ABA oversight. The ongoing discussions reflect a broader examination of the ABA’s role and the potential for alternative accreditation systems.
