In a move that could dramatically reshape the future of legal education in the United States, the Supreme Court of Texas has issued a preliminary order that would end the American Bar Association’s (ABA) role as the gatekeeper for law school accreditation in the state. Under the proposal, Texas would take direct control over deciding which law schools’ graduates qualify to sit for the Texas Bar Exam — a power the ABA has effectively held nationwide for decades.
If implemented, Texas would become the first state to break with the ABA’s century-old monopoly on law school accreditation, potentially sparking similar moves across the country.
What the Court’s Proposal Says
The court’s order makes clear that it is “of the tentative opinion” that the ABA should no longer have the final word on law school eligibility for bar admission. Instead, Texas would approve law schools under a state-controlled framework focused on “simple, objective, and ideologically neutral criteria.”
The Supreme Court is seeking public comments through December 1, with the new system potentially taking effect January 1, 2026. The order suggests the court intends to minimize disruption to law schools and students, emphasizing that the state will avoid “duplicative accreditation, compliance, or administrative burdens” and will preserve degree portability for Texas graduates seeking admission in other states.
Although specifics are still limited, the order hints that bar passage rates, financial stability, and faculty credentials will be among the objective metrics used to approve law schools — leaving out broader diversity or curricular requirements that have sometimes been at the center of ABA oversight.
Law School Deans Push Back
Texas’s proposal has already generated strong reaction from legal educators. Eight of Texas’s ten law school deans submitted a joint letter earlier this year opposing a similar plan. They warned that abandoning ABA accreditation — a requirement since 1983 — could hurt graduates’ ability to practice outside Texas, undermine the credibility of their degrees, and increase compliance costs as schools are forced to navigate two separate systems.
The deans argued that ABA standards ensure academic rigor, faculty quality, and nationwide consistency, which together protect the value of a law degree. They urged the court to maintain the ABA requirement or to at least build in safeguards that guarantee Texas graduates won’t be disadvantaged in other states.
At the same time, some leaders have called for a more nuanced approach. The dean of the University of Texas Law School, for instance, has suggested exploring alternative or supplemental accrediting bodies to preserve competition while still allowing ABA-accredited schools to qualify.
ABA’s Response
The ABA, which accredits 196 law schools nationwide, is reviewing Texas’s plan. In a statement, the organization reiterated its commitment to working with states “to ensure that a national accreditation system exists that serves students, the profession, and the public.”
The ABA’s role has recently come under political pressure. Several states — including Florida, Ohio, and Tennessee — have signaled interest in re-evaluating their reliance on the ABA following controversy over the association’s diversity, equity, and inclusion (DEI) requirements for law schools.
In May 2025, the ABA extended its suspension of its DEI mandate until August 2026 amid lawsuits and criticism that the rule could violate constitutional protections against compelled speech. Texas’s move is seen by some observers as a continuation of that broader pushback against what critics view as politicized standards.
A Potential Turning Point for Legal Education
The Texas proposal could have ripple effects far beyond the state. If other jurisdictions follow suit, the legal profession may shift from a single national accreditation standard to a patchwork of state-based systems — potentially complicating student mobility, law school administration, and federal financial aid compliance.
Legal analysts note that while Texas has pledged to maintain degree portability, it remains unclear whether other states’ bar examiners will automatically honor a Texas-approved school’s degree. That uncertainty could affect where students choose to attend law school and even where firms recruit.
What This Means for Students and Practitioners
For law students, the stakes are high. Texas’s new framework could create opportunities for more innovative and affordable law schools to enter the market if the ABA’s extensive accreditation requirements are no longer a barrier. However, there is also a risk that degrees from non-ABA-approved schools could carry less weight outside Texas, potentially limiting graduates’ mobility.
Practicing attorneys and firms are also paying close attention. A state-controlled accreditation process might lead to changes in how law schools structure their curricula, impacting the skill sets of future graduates.
The Road Ahead
The Texas Supreme Court will accept public input until December 1, after which it will decide whether to finalize its plan. If adopted, the new system could take effect as early as January 2026, making Texas the testing ground for a post-ABA accreditation era.
Observers expect heated debate in the months ahead. Proponents argue this change will bring greater neutrality, reduce costs, and allow Texas to shape its own standards. Critics warn it could fragment legal education and place students’ futures at risk.
One thing is certain: Texas is now at the center of a national conversation that could redefine what it means to be a law school — and who gets to decide which graduates become lawyers.
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