United States Attorney Braden H. Boucek for the Middle District of Tennessee called on May 1 for the Tennessee Supreme Court to end its exclusive reliance on the American Bar Association (ABA) when determining which law schools qualify graduates to take the state bar examination. Boucek was joined by Acting Deputy Assistant Attorney General G. Charles Beller from the Department of Justice’s Antitrust Division and Federal Trade Commission Acting Director Clarke Edwards in submitting a joint response to a September 2025 order seeking public comments on regulatory reforms.
The move comes as the Tennessee Supreme Court considers changes aimed at improving access to legal services, citing concerns that not enough Tennesseans can obtain quality representation. The court’s order noted its longstanding dependence on ABA accreditation and questioned how this affects costs for consumers.
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.”
According to Boucek’s statement, competition is essential in maintaining affordability and quality in legal education; he argued that current ABA standards create an elitist model that drives up educational costs while limiting entry into the profession.
Recent developments include executive action from President Donald Trump last April calling for reform in higher education accreditation systems, as well as decisions by Florida and Texas courts moving away from exclusive reliance on ABA standards.
The U.S. Attorney's Office for the Middle District of Tennessee enforces federal laws across 32 counties from Nashville through criminal prosecutions and civil litigation according to its official website. The office also collaborates with law enforcement agencies throughout middle Tennessee to enhance community safety.
Boucek concluded his comment by encouraging collaboration between states: “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.”
