Full Breakdown
Trump Administration Moves to Strip ABA of Law School Accreditation Authority
8/22/2026, 1:49:07 AM
The Proposed Revocation
On a Friday in early 2024, the U.S. Department of Education announced the start of a formal process to remove the American Bar Association’s (ABA) Council of the Section of Legal Education and Admissions to the Bar from its role as the nation’s sole accreditor of Juris Doctor programs. The revocation would require multiple review stages, including a recommendation from an independent, bipartisan advisory committee and a final decision by the secretary of education, a process that could take several months.
Background & Context
Since 1952, the ABA’s accreditation council has been the only body recognized by the Department of Education to certify law schools for participation in federal student-aid programs. Accreditation is a prerequisite for graduates to sit for most state bar exams, and nearly all U.S. law schools—198 according to the ABA Journal—are ABA-accredited. The Trump administration has repeatedly criticized the ABA for promoting “diversity, equity and inclusion” (DEI) policies, labeling the organization “woke.” In April 2025, President Donald Trump signed an executive order directing Education Secretary Linda McMahon to assess whether to suspend or terminate the council’s authority, citing alleged unlawful DEI requirements. The current move follows that order and a broader campaign to overhaul the federal accreditation system that governs more than $100 billion in student-aid dollars each year.
Data & Statistics
- 198 law schools currently hold ABA accreditation.
- The department’s staff report spans 500 pages.
- Federal student-aid programs total over $100 billion annually across all higher-education accreditors.
Official Statements & Responses
David Barker, speaking to the Wall Street Journal, framed the review as a response to a lack of competition in the accreditation market.
Criticism & Opposition
The ABA’s leadership warned that stripping the council of its authority would force university-affiliated law schools to rely on their parent institutions’ regional accreditors, while independent law schools might lose any federally recognized accreditation, jeopardizing students’ access to federal loans.
Verbatim Quotes
- “We have said many times that accreditation, in general, operates like a cartel,” — David Barker, assistant secretary of education
- “When there’s no competition, accreditors feel free to inject their own political preferences, their own ideologies into the work they do,” — David Barker, assistant secretary of education
- “Although it is difficult to comment on a recommendation we haven’t yet received, we look forward to the opportunity to address any misconceptions and clarify the record at our upcoming hearing before the [National Advisory Committee on Institutional Quality and Integrity] committee next month,” — Melissa Hart, the chair of the ABA’s Accreditation Council
What’s Next
The department’s recommendation will be reviewed by a panel that advises the secretary of education, after which Undersecretor Nicholas Kent will receive a recommendation. The council is scheduled to appear before the NACIQI in September, and the public comment period on the department’s broader accreditation rulemaking remains open through September 21. The Department may terminate the council’s federal recognition only after notice, a hearing, and up to 12 months for the council to come back into compliance.
