Key points:
- Texas Supreme Court proposes ending ABA’s role in law school oversight.
- The court would directly decide which schools are approved for bar eligibility.
- Public comments open until Dec. 1; changes expected Jan. 1.
- Law deans warn of uncertainty and risks to lawyer mobility.
Texas is preparing to become the first state to strip the American Bar Association (ABA) of its authority in law school oversight. The Texas Supreme Court said Friday it is “of the tentative opinion” that the ABA should no longer determine whether a law school’s graduates can sit for the state bar or receive a license to practice law.
The court would instead directly approve schools under its admissions rules. The order, which invites public comment until December 1, anticipates the new system taking effect January 1. The justices emphasized that they want to preserve law degree portability across states and avoid imposing new administrative burdens on schools.
The ABA, which has served as the federally recognized accreditor of U.S. law schools, said it is reviewing the implications of the order. Jenn Rosato Perea, its managing director of accreditation and legal education, noted the association’s commitment to a national system that balances quality, efficiency, and flexibility.
Law school leaders in Texas remain wary. In July, eight of the state’s ten law deans warned in a letter that abandoning ABA accreditation could hinder lawyer mobility and drive up costs. Leonard Baynes, dean of the University of Houston Law Center, said Monday he welcomed the court’s stated commitment to portability but cautioned that the order creates new uncertainty in an already unsettled higher education environment.
The Texas court did not explain why it initiated its review in April. Other states are also scrutinizing the ABA’s role. The Florida Supreme Court, for instance, cited concerns over the ABA’s diversity mandate and political engagement. That mandate is now on hold until 2026. Ohio and Tennessee are also exploring changes.
What remains unclear is how Texas will design criteria that maintain both rigor and national recognition, while avoiding conflicts with other states’ licensing rules. For law schools and employers, the coming months may set a precedent for whether accreditation remains a unified national standard or shifts toward a patchwork of state-specific systems.
