Trump administration moves to strip ABA of law school oversight

• The U.S. Department of Education recommended stripping the American Bar Association of its authority to accredit law schools.
• The ABA's accreditation status is being reviewed due to concerns about its diversity, equity, and inclusion standards.
• The department cited that the ABA is not separate and independent from its larger organization and is out of compliance with regulations.
• Revoking the ABA's status could impact law schools' eligibility for federal student aid and students' ability to become licensed attorneys.
• A final decision on the ABA's accreditation status is expected several months after a September advisory committee review.

The U.S. Department of Education has recommended stripping the American Bar Association (ABA) of its longstanding role as the federally recognized accreditor of U.S. law schools. This move, initiated by the Trump administration, deepens a conflict between the administration and the legal organization.

The department's report concluded that the ABA's Council of the Section of Legal Education and Admissions to the Bar is not sufficiently separate and independent from the larger ABA, a requirement for accreditation. Additionally, the ABA was criticized for its slow pace in revising rules that mandate diversity standards for law schools.

According to a department spokesperson, a review found the ABA to be "out of compliance with the agency’s accreditation regulations and recognition standards." If the ABA loses its accreditor status, it could disrupt federal student loan access for some law schools and potentially complicate bar exam eligibility and attorney licensing for students in various states.

President Trump had previously signed an executive order directing the Education Secretary to assess the termination of the ABA's accreditor status, citing concerns over "unlawful ‘diversity, equity, and inclusion’ requirements." The ABA has been in legal disputes with the administration over other matters, including canceled grant funding and challenges to executive orders targeting law firms.

Despite recent efforts by the ABA's law school wing to assert independence and eliminate its DEI rule, the policymaking body voted against removing the rule earlier this month. The legal education council, however, was expected to proceed with stripping the rule.

Melissa Hart, chairperson of the ABA’s accreditation council, stated that the council is confident it can address the department's concerns and plans to clarify the record when meeting with the federal advisory committee next month.