The Federal Trade Commission (FTC) urged the Tennessee Supreme Court to open law school accreditation to competition. The FTC wants the court to reduce its reliance on the American Bar Association (ABA) in deciding which law schools provide sufficient education for graduates to take the Tennessee bar examination. The U.S. Attorney for the Middle District of Tennessee and officials at the Department of Justice, Antitrust Division, joined the letter. 1

The court invited comments on whether it should "modify, reduce, or eliminate" its reliance on the ABA. The letter recommended reforms to the current process. It drew on decades of enforcement, advocacy experience, and commentary from legal scholars in accreditation and occupational licensing. The letter detailed the competitive harms of granting professional or trade associations the authority to restrict competition among themselves or limit the ability of others to enter the profession. 1

The letter explained that the ABA standards for law school accreditation impose an elitist model of legal education. This drives up the cost of legal education, limiting the supply of lawyers. This reduction in the supply of legal services serves the anticompetitive interests of the lawyers who dominate the ABA membership. It undermines the interests of consumers seeking affordable legal services. 1

President Donald Trump issued an executive order last April. It highlighted the need to "reform our dysfunctional accreditation system" in higher education. The goal was to promote "high-quality, high-value academic programs focused on student outcomes." The Florida and Texas Supreme Courts eliminated their express reliance on the ABA. They encouraged potential new accreditors to enter the field. 1

The letter encouraged more states to take similar steps to reduce their reliance on ABA accreditation of law schools. The Commission vote authorizing the issuance of the staff letter was 2-0. 1

The Federal Trade Commission works to promote competition and to protect and educate consumers. 1

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