United States Attorney Braden H. Boucek for the Middle District of Tennessee, along with Acting Deputy Assistant Attorney General G. Charles Beller and Federal Trade Commission Acting Director Clarke Edwards, called on the Tennessee Supreme Court on May 1 to reduce its exclusive reliance on the American Bar Association (ABA) for law school accreditation when determining eligibility for the state bar exam.
The officials said this move could increase access to quality legal representation by encouraging competition in law school accreditation. The statement was a response to a September 16, 2025 order from the Tennessee Supreme Court that sought public input on regulatory reforms aimed at addressing gaps in legal services across the state.
In its order, the court acknowledged: “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 court also recognized there is “growing recognition” that many Tennesseans do not have enough access to legal services and asked how exclusive reliance on ABA standards affects costs.
Boucek said: “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.”
The comment submitted argues that competition is essential in higher education policy and says current ABA standards create an elitist model that raises costs while limiting how many people can become lawyers.
Recent actions from other states were cited as examples; Florida and Texas have removed their express reliance on ABA accreditation for bar eligibility requirements.
According to its official website, the U.S. Attorney’s Office for the Middle District of Tennessee enforces federal laws as part of efforts both to represent national interests and improve local quality of life. The office is part of the U.S. Department of Justice and covers 32 counties in middle Tennessee.It prosecutes federal criminal cases, manages civil litigation involving United States interests,and works closely with law enforcement agencies throughout Nashville and surrounding areas.Its operations support community safety through these partnerships.
Boucek concluded: “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.”
