"While the ABA is "continuing to work with the Texas Supreme Court-and all other state supreme courts and bar admitting authorities-to help preserve the portability of law school degrees throughout the country," the policy "reinforces the authority that the Supreme Court of Texas has always had over the licensure of JD graduates," Jenn Rosato Perea, managing director of the ABA's accrediting arm, wrote in an email to Inside Higher Ed."
"Since 1983, Texas has ceded some of that authority to the ABA, whose Section of Legal Education and Admissions to the Bar accredits the majority of law schools in the United States. Most other states have similar ABA oversight in place; it became a popular move in the 1980s because law was becoming increasingly national business. Widespread adoption of ABA accreditation as a licensure standard offered more uniformity and has made it easier for lawyers to practice in multiple states."
"The new Texas policy comes amid the broader crackdown on higher education accreditors by the Trump administration and its allies, and specifically on the ABA, which has become a target of the Republican-led anti-DEI crusade in recent years. Indeed, the ABA suspended its diversity, equity and inclusion standards last year. Now Texas has become the first state to say it will no longer rely on the accreditor to help to set law licensure standards."
Texas will no longer require lawyers who want to practice in the state to hold a degree from an American Bar Association-accredited law school, ending a 43-year requirement. Since 1983 Texas had ceded some licensure authority to the ABA, whose accrediting section oversaw most U.S. law schools and promoted interstate portability. The change follows federal scrutiny and political pressure on accreditors and the ABA, including disputes over diversity, equity, and inclusion standards. The Texas Supreme Court directed that approved schools meeting simple, objective, ideologically neutral criteria receive ongoing approval to provide stability and flexibility.
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