Texas breaks with ABA, prompting other states to reconsider law school oversight

The decision marks a significant departure from decades of reliance on the ABA as the national accrediting body for law schools.

Published: January 8, 2026 4:08pm

Texas has become the first state to formally sever ties with the American Bar Association, removing the organization’s authority over which law schools qualify graduates to sit for the state bar exam – a move that could reshape legal education nationwide.

In an order issued Tuesday, the Texas Supreme Court finalized a tentative opinion released in September, declaring that the ABA should “no longer have the final say” in determining law school eligibility for bar admission. 

Under the new framework, the court itself will decide which law schools qualify graduates to take the Texas bar, though it will continue – for now – to recognize all ABA-accredited institutions.

The decision marks a significant departure from decades of reliance on the ABA as the national accrediting body for law schools.

Other states are now considering following Texas’s lead. In Florida, the state Supreme Court has convened a committee to explore alternatives to ABA accreditation, including state-based licensing of law schools, expanded apprenticeship pathways, or entirely new accreditation systems. Chief Justice Carlos G. Muñiz and other Republican leaders have publicly raised concerns about the ABA’s influence.

Ohio is also weighing a shift. A committee formed in July – including law school deans, Republican lawmakers, and court staff – is reviewing whether accreditation authority should remain with the ABA. Discussions have focused on what critics describe as the ABA’s “burdensome” and ideologically driven requirements.

The ABA responded to Texas’s decision by emphasizing cooperation and continuity. Jenn Rosato Perea, managing director of the ABA’s Section of Legal Education and Admissions to the Bar, said the organization remains committed to working with Texas to preserve consistent educational standards and nationwide degree portability.

Criticism of the ABA has intensified in recent years, particularly over its diversity and inclusion requirements. But legal education experts caution that 50 different accreditation regimes would increase costs and regulatory complexity and create barriers to bar admission.

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