"The Texas Supreme Court has issued a tentative opinion that the American Bar Association "should no longer have the final say on whether a law school's graduates are eligible to sit for the Texas bar exam and become licensed to practice law," according to a recent order. While the matter has not been settled, it would undercut ABA as an accreditor at a time when conservative political figures, including Education Secretary Linda McMahon, have argued that the American Bar Association and others have too much power and need more competition."
"But how other accreditors, or the Supreme Court, would provide oversight in place of the ABA remains unclear. However, the opinion notes that while it is reasserting its authority over law school approvals, the court has no plans "to impose additional accreditation" or other administrative burdens and "may consider, in the future, returning to greater reliance on a multi-state accrediting entity other than the ABA should a suitable entity become available.""
"The Texas Supreme Court has asked members of the public to submit comments on a proposal that would undermine the ABA's oversight of law schools in the state by Dec. 1. Proposed changes would be enacted in January, after the comment period closes, according to the order. Jenn Rosato Perea, ABA managing director of accreditation and legal education, wrote in a statement to Inside Higher Ed that the organization is "reviewing the implications of the order." She added that the ABA will provide comments to the Texas Supreme Court about the proposed change."
The Texas Supreme Court issued a tentative opinion proposing that the American Bar Association should no longer have final authority over whether law school graduates may sit for the Texas bar exam and become licensed. The proposal would diminish ABA accreditation influence amid conservative criticism that the ABA and similar organizations wield excessive power and should face competition. The court acknowledged uncertainty about alternative oversight mechanisms and stated it does not intend to impose additional accreditation or administrative burdens now, while leaving open the option of relying on another multi-state accreditor in the future. The court opened a public comment period ending Dec. 1, with proposed changes slated to take effect in January. The ABA said it is reviewing the implications and will submit comments to the court.
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