AUSTIN – The Texas Public Policy Foundation (TPPF) submitted its comment to the Texas Supreme Court regarding its authority to delegate law school accreditation to a private entity, specifically the American Bar Association. The comment argues that the current practice is a violation of the private non-delegation doctrine.
The Texas Legislature delegated the responsibility of licensing attorneys to the Supreme Court of Texas and was clear that this authority “may not be delegated” further. However, since 1983, the Court has allowed the American Bar Association to determine the law schools from which one must graduate to be eligible to practice law in Texas. It is time to return that authority to where it belongs.
“We applaud the Court for reconsidering its accreditation practices,” said TPPF executive director and general counsel Robert Henneke. “It is time to reclaim the constitutionally mandated duty to decide what is necessary for law schools to meet Texas’ standards.”
TPPF director of litigation Chance Weldon added, “Standards for Texas law schools should be set by a body elected by Texans, not a private entity in Illinois.”
To read the comment, click here.
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