U.S. Attorney Braden H. Boucek Urges Tennessee Supreme Court to Abandon ABA's Exclusive Law School Accreditation Privilege

NASHVILLE - United States Attorney Braden H. Boucek for the Middle District of Tennessee, joined by the Acting Deputy Assistant Attorney General for the Department of Justice's Antitrust Division G. Charles Beller, and Federal Trade Commission Acting Director of the Office of Policy Planning Clarke Edwards, urged the Tennessee Supreme Court yesterday to open law school accreditation for competition by reducing its exclusive reliance on the American Bar Association (ABA) in determining which law schools provide sufficient education for their graduates to take the Tennessee bar examination. This was a joint response to the Tennessee Supreme Court's September 16, 2025, order seeking public comments on potential regulatory reforms to increase access to quality legal representation.

As the Supreme Court acknowledged in its order: "Over the years, the Court has come to rely heavily on accreditation by the American Bar Association ('ABA') in establishing minimum education requirements for applicants to the Bar." The order recognized the "growing recognition" that there are currently not enough legal services to meet the needs of many Tennesseans. It asked for comments on how exclusive reliance on the ABA affects the cost of legal services.

United States Attorney for the Middle District of Tennessee, Braden H. Boucek, issued the following statement:

The ABA requirement meets Tennessee's definition of a monopoly. It uses its cartel-like status to operate to the detriment of consumers and competitors. To consumers, the requirement increases the cost of already-too-expensive legal services by artificially constraining supply. To aspiring lawyers, instead of pushing for excellence alone, the ABA pushes conformity with narrow political ideologies including those that involve negative racial stereotyping. Discrimination based on race is illegal and wrong and may violate federal law. Tennesseans deserve the best lawyers. Dedication to the Constitution, commitment, and diligence are colorblind qualities and the only qualities anyone needs to succeed in America.

This public comment recognizes that competition is the lifeblood of the American economy. It 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.

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 competitive entry into the field.

We encourage the Court to end its exclusive reliance on the ABA and collaborate with other states that are working towards opening up law school accreditation to competition.

A copy of this comment can be found at: DOJ FTC Letter: Potential Regulatory Reforms to Increase Access to Quality Legal RepresentationLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link.

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