Texas Will Become The First State To No Longer Use American Bar Association (ABA) For Oversight Of Its Law Schools
Texas will become the first state to end its reliance on the American Bar Association (ABA) for accrediting law schools, a major shift that could reshape legal education across the country.
In an order issued Friday, September 26, the Texas Supreme Court announced it will now assume responsibility for approving and overseeing law schools within the state — a role traditionally held by the ABA for decades.
The court offered no explanation for the decision, leaving legal educators and policy watchers guessing about its motivation. “It didn’t really provide a rationale for making the change,” said Karen Sloan, legal industry reporter for Reuters, in an interview with Texas Standard.
Legal Accreditation and Its Stakes
Law school accreditation determines whether graduates can sit for a state’s bar exam — and ultimately, whether they can practice law. Most states require a degree from an ABA-accredited law school as a condition for taking their bar exam.
“It’s really kind of a key credential that you need in order to pursue your legal career,” Sloan said. Without ABA accreditation, Texas law graduates could face uncertainty about practicing outside state lines.
Motives Remain Unclear, But Politics Loom
While the Texas Supreme Court has stayed silent on its reasoning, similar reviews in other states have been linked to political disagreements with the ABA’s diversity and inclusion standards.
Florida’s Supreme Court, for instance, launched a review in August after voicing discomfort with what it called the ABA’s “political engagement.” Courts in Ohio and Tennessee have since signaled they’re also reconsidering their reliance on the association — suggesting Texas might be the first in a trend among conservative-led states.
What Comes Next for Law Schools
The Texas Supreme Court says it intends to maintain “simple, objective, and ideologically neutral” criteria, aiming to give law schools “stability and flexibility.” Officials have pledged not to impose new requirements beyond what the ABA already enforces.
Still, questions remain about how Texas degrees will be recognized nationally. “The Texas Supreme Court controls licensing in Texas,” Sloan noted. “But they don’t control how lawyer licensing happens outside of the state lines.”
That means graduates from Texas law schools could face hurdles if other states continue to require ABA-accredited degrees for bar eligibility.
Possible Reform or Political Rebellion?
While the decision raises alarms about politics entering legal education, some critics of the ABA see opportunity. The organization has long been accused of overregulation and contributing to the soaring cost of law school.
Sloan said one argument for alternatives is financial accessibility: “To expand the number of lawyers out there and address what’s known as the justice gap, we have to make it easier and more affordable to become a lawyer.”
The Texas Supreme Court’s move, while controversial, could pave the way for a new model of legal education — or isolate the state’s law schools from the rest of the country.
