Full Breakdown
Texas Supreme Court Ends ABA Oversight of Law School Accreditation
1/8/2026, 12:50:37 AM
Texas Breaks from ABA Accreditation
The Texas Supreme Court has officially ended the state's reliance on the American Bar Association (ABA) for law school accreditation, marking Texas as the first state in the U.S. to take this step. The court's order, issued on January 6, 2026, finalizes a tentative decision made in September 2025, asserting that the ABA should "no longer have the final say" on which law school graduates can take the bar exam, a requirement for legal practice in Texas. The court aims to provide "stability, certainty, and flexibility" to law schools by establishing its own criteria for accreditation, which it describes as simple, objective, and ideologically neutral.
Context of the Decision
The Texas Supreme Court's decision follows a period of increasing scrutiny of the ABA, particularly regarding its diversity and inclusion initiatives. Under the Trump administration, an executive order was issued that stripped the ABA of significant federal funding, leading to legal challenges from the organization. The ABA's diversity requirements have faced criticism, with some arguing that they impose unnecessary costs on law schools and hinder innovation in legal education. In response to these pressures, the Texas Supreme Court has taken back the authority to approve law schools, a responsibility it relinquished to the ABA in 1983.
Implications for Law Schools and Graduates
The court's order stipulates that it intends to maintain the ability for Texas law graduates to practice in other states and for graduates from out-of-state law schools to practice in Texas. Currently, the list of approved law schools includes all those accredited by the ABA. The court plans to develop criteria for evaluating non-ABA accredited law schools, which could potentially lower the costs of legal education and increase access to legal services. However, concerns have been raised regarding the bar passage rates of graduates from non-ABA accredited institutions, particularly in states like California.
Criticism and Opposition
The decision has not been without opposition. Deans from eight of Texas's ten ABA-accredited law schools expressed concerns that abandoning the ABA accreditation system could negatively impact lawyer mobility and increase costs for students. Notably, the dean of the University of Texas School of Law did not sign the opposition letter and instead encouraged the court to explore alternatives to the current ABA system. Critics argue that a unified national accreditation standard is essential for ensuring the portability of law degrees.
Official Statements
The ABA's managing director of accreditation, Jenn Rosato Perea, stated that the order reinforces the Texas Supreme Court's authority over law licensure and emphasized the ABA's commitment to collaborating with states to uphold legal education standards. The Federal Trade Commission (FTC) has also supported the Texas Supreme Court's decision, labeling the ABA's accreditation process as monopolistic.
What's Next
As Texas moves forward with its new accreditation process, other states, including Florida, Ohio, and Tennessee, are reviewing their own relationships with the ABA. The outcomes of these evaluations may further influence the landscape of legal education and accreditation in the United States.
