The U.S. Federal Trade Commission (FTC) and Department of Justice (DOJ) are encouraging greater competition in law school accreditation, arguing that reliance on the American Bar Association (ABA) may restrict access to the legal profession and increase costs for students and consumers.
In an April 30, 2026 letter to the Tennessee Supreme Court, the agencies raised concerns about Tennessee’s requirement that, with limited exceptions, only graduates of ABA-accredited law schools are eligible to take the state bar examination.
The Court had previously issued an order in September 2025 seeking public input as part of a broader review of its regulation of the legal profession, including its reliance on ABA accreditation standards.
In their submission, the FTC and DOJ argued that the ABA’s accreditation system may function as an unreasonable restraint on competition. The agencies stated that lawyers and legal educators involved in the ABA have economic incentives to limit competition and preserve existing models of legal education.
The letter criticized several aspects of the ABA accreditation framework, describing it as a “costly, elitist model of legal education” that may unnecessarily drive up tuition costs and restrict the supply of new lawyers. The agencies also argued that the standards place too much emphasis on institutional inputs such as faculty requirements and minimum credit hours, rather than educational outcomes.
The FTC and DOJ further suggested that some accreditation standards may limit innovation, including lower-cost online legal education options that could improve access for students in rural and underserved areas.
The agencies concluded by encouraging states to consider alternatives to exclusive reliance on ABA accreditation. They pointed to recent developments in Florida and Texas, where courts have explored the possibility of recognizing additional accrediting bodies.
According to the letter, the emergence of alternative law school accreditors could increase competition and create more pathways into the legal profession while maintaining public protection objectives.
