Texas Attorney General Ken Paxton has launched an investigation into the American Bar Association over whether its control of law school accreditation has unlawfully restricted competition and increased the cost of legal education.
Paxton’s office issued a Civil Investigative Demand to the ABA as part of the investigation, which will examine the organization’s accreditation standards and their potential effects on law schools, students, and the broader legal services market.
The investigation comes as the ABA’s future as the federally recognized accreditor of U.S. law schools remains under review by the U.S. Department of Education.
Paxton Questions Accreditation Practices
The ABA has served as the federally recognized accreditor of U.S. law schools since 1952. Its Council of the ABA Section of Legal Education and Admissions to the Bar establishes accreditation standards for law schools nationwide.
“There must be competition and a fair playing field when it comes to law school accreditation, or else we risk inflated costs for students, unfair restrictions, and illegal discriminatory practices,” Paxton said. “My office will investigate whether the law school accreditation process has been used to unlawfully limit competition and burden students and institutions. No organization should be permitted to use its position of influence to violate our antitrust laws.”
Paxton’s office also has raised concerns about ABA accreditation standards involving racial and gender preferences in admissions and hiring.
Texas Moves Away From ABA Accreditation Requirement
The inquiry follows a January 6 Supreme Court of Texas order that ended the state’s rule requiring graduation from an ABA-accredited law school to sit for the Texas bar. The court took over the list of approved schools.
Paxton’s office said that shift could open other models of legal education and raised the question of whether ABA standards had limited competition in Texas.
The attorney general’s investigation will consider the potential relationship between accreditation standards, the cost of educating law students and the price of legal services.
Federal Review Leaves ABA Status Uncertain
The Texas investigation comes as federal officials separately consider whether the ABA should retain its role as the nation’s recognized law school accreditor.
Education Department staff, however, previously recommended against renewing the ABA’s status, citing concerns that the legal education council was not sufficiently separate and independent from the larger organization. The staff report also criticized the pace at which the ABA revised its diversity-related accreditation requirements.
Broader Fight Over Legal Education
The federal review is part of a broader dispute between the ABA and the Trump administration over accreditation, diversity policies and the organization’s role in the legal profession.
President Donald Trump signed an executive order in April 2025 directing the Education Department to consider suspending or terminating the ABA’s status as the government’s official law school accreditor, citing concerns over its diversity, equity, and inclusion requirements.
The ABA has also clashed with the administration over executive actions affecting law firms and criticism of judges. The Justice Department has restricted some of its employees’ participation in ABA activities and reduced the organization’s longstanding role in vetting judicial nominees.
The accreditation dispute could have consequences beyond the ABA itself. Loss of federal recognition could affect federal student loan access at some law schools and create complications for students seeking to take bar examinations or obtain licenses across state lines, Reuters reported.
For Texas, Paxton’s investigation adds a separate antitrust inquiry to the national debate over who should determine the standards governing American legal education and how much those standards should cost students and institutions.
Provided by Dallas Express
