What’s happening
U.S. Education Department staff have recommended that the American Bar Association’s Council of the Section of Legal Education and Admissions to the Bar lose its federal recognition as the accreditor of law schools, citing concerns about the council’s independence from the profession it oversees, according to a Department spokesperson’s statement to Blaze News and a notice referenced in the Federal Register.
The Wall Street Journal first reported the proposed termination of the council’s accreditation authority and noted that in most U.S. states, eligibility to sit for the bar exam depends on graduating from an ABA‑approved school.
What’s next
Per an Education Department notice referenced in the Federal Register, the National Advisory Committee on Institutional Quality and Integrity (NACIQI) is scheduled to meet Sept. 23–24 to consider the ABA legal education council’s petition for renewal of recognition. Former council chair Daniel Thies is expected to appear as a witness, according to the same notice; Blaze News reported he declined its request for comment.
After the meeting, NACIQI will issue a recommendation to Undersecretary of Education Nicholas Kent, according to Blaze News.
ABA council’s response
Melissa Hart, chair of the ABA’s legal education council, said in a statement to Blaze News that the council is “confident it complies with the Higher Education Act and with the Department’s requirements for accreditors,” adding that it looks forward to addressing “any misconceptions” at the NACIQI hearing next month. Hart characterized the staff recommendation as one step in a multi‑stage process and said the council is confident it will address any concerns at the hearing.
Why it matters
The ABA has overseen law‑school accreditation since 1952. The legal education council currently fully or provisionally accredits nearly 200 programs, according to the source material. Thirteen ABA‑approved law schools are freestanding institutions; their ABA accreditation makes them eligible to participate in federal student‑aid programs, per the source. The Wall Street Journal has reported that most state bar exam eligibility hinges on ABA approval, underscoring the stakes of any change.
Policy and politics in the background
An Education Department spokesperson told Blaze News that, after reviewing the ABA’s standards, staff found the accreditor out of compliance with agency regulations and recognition standards. The spokesperson said the process involves multiple stages of review, including the bipartisan NACIQI hearing in September.
Blaze News also reported that Undersecretary Nicholas Kent said in a statement that the Trump Administration’s proposed accreditation changes aim to prioritize student outcomes over bureaucratic processes or ideological agendas.
According to the same outlet, President Donald Trump issued an executive order in April 2025 directing Education Secretary Linda McMahon to hold noncompliant accreditors accountable, including where accreditation practices allegedly require unlawful discrimination under the banner of diversity, equity, and inclusion. The order singled out the ABA legal education council’s DEI requirements, according to Blaze News’ account.
DEI rule under review
Amid that scrutiny, the ABA legal education council voted in May to eliminate its rule requiring law schools to demonstrate a commitment to diversity and inclusion, the source material states. The ABA Journal reported that a final determination on that DEI policy is scheduled for Sept. 8.
Pushback on the ABA’s role
Conservative legal scholar John Eastman told Blaze News he supports removing the ABA from the accreditation process, alleging the association is no longer politically neutral and has used accreditation to advance DEI policies. “It should not have any role, much less a monopoly role, in law school accreditation,” Eastman said.
The bottom line
The Education Department’s staff recommendation sets up a consequential September review that could reshape who oversees law‑school quality—an outcome with implications for students, schools, and state bar eligibility—while the ABA council maintains it meets federal standards and plans to defend its recognition.
