Washington, DC, December 2, 2025 — The US FTC has endorsed a proposed Texas Supreme Court amendment that would end the American Bar Association’s exclusive authority to determine which law school degrees qualify applicants to sit for the state bar exam — a change the agency says would lower barriers to entry and expand access to legal services.
Concerns
Texas rules currently require that applicants graduate from an “approved law school,” defined solely as one accredited by the ABA. In a letter to the Texas Supreme Court, the FTC’s Office of Policy Planning and Bureau of Competition warned that this structure gives a professional association of practicing lawyers an effective gatekeeping role over who may enter the market for legal services.
The FTC said ABA members have economic incentives to limit competition in the legal profession, while its accreditation council — made up heavily of higher education representatives — has incentives to keep legal education costly and restrict the emergence of lower-cost alternatives.
Effects on consumers
According to the agency, this combination likely prevents many capable candidates from practising law in Texas, reducing consumer access to legal services and increasing prices. The proposed amendment would allow Texas to set its own admission standards without relying exclusively on ABA approval.
Wider implications
The FTC said the reform would weaken the ABA’s longstanding control over legal education accreditation and urged other states to consider similar steps.
The Commission voted 2–0 to authorise submission of the staff letter.
