Federal Trade Commission staff urged the Tennessee Supreme Court yesterday to open law school accreditation to competition by reducing its reliance on the American Bar Association (ABA) in determining which law schools provide sufficient education for their graduates to take the Tennessee bar examination. The letter was joined by the U.S. Attorney for the Middle District of Tennessee and officials at the Department of Justice, Antitrust Division.
Responding to the court’s invitation to comment on whether it should “modify, reduce, or eliminate” its reliance on the ABA, the letter recommended reforms to the current process. Drawing on decades of enforcement, advocacy experience and commentary from legal scholars in the areas of accreditation and occupational licensing, the letter detailed the competitive harms of granting professional or trade associations the authority to restrict competition among themselves or limit the ability of others to enter the profession.
The letter explained that the ABA standards for law school accreditation impose an elitist model of legal education, driving up the cost of legal education and thereby limiting the supply of lawyers. This reduction in the supply of legal services serves the anticompetitive interests of the lawyers who dominate the ABA membership, while undermining the interests of consumers seeking affordable legal services.
President Donald Trump issued an executive order last April that highlighted the need to “reform our dysfunctional accreditation system” in higher education to promote “high-quality, high-value academic programs focused on student outcomes.” Recently, the Florida and Texas Supreme Courts eliminated their express reliance on the ABA and encouraged potential new accreditors to enter the field.
The letter encouraged more states to take similar steps to reduce their reliance on ABA accreditation of law schools.
The Commission vote authorizing the issuance of the staff letter was 2-0.
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