Education 8 min read

U of Austin Won’t Seek ABA Accreditation for Legal Program

Published on September 20, 2026

The University of Austin, which welcomed its inaugural class of undergraduate students in the fall of 2024, was founded five years ago by a group of prominent academics and public intellectuals, including Bari Weiss, the Editor-in-Chief of The Free Press and former New York Times columnist. From its inception, the university has marketed itself as a "fearless" alternative to the perceived ideological orthodoxy of established elite universities, promising a curriculum rooted in the "pursuit of truth" rather than social or political activism.

This latest announcement regarding its legal program was detailed in a comprehensive and pointed Substack post published on Thursday by Adam Biggs, the General Counsel for UATX. In the post, titled with the provocative headline "Save the Constitution, Ditch the ABA," Biggs laid out a blistering critique of the American Bar Association’s Accreditation Council, characterizing it as a restrictive "private trade association" that has maintained a stranglehold on legal education for seventy years.

According to Biggs, the ABA’s influence has resulted in a homogenized system that forces every law school in the country to conform to a singular, rigid vision. "The model it enforces is expensive and outdated, and it stifles anyone who tries to build something different," Biggs wrote. He argued that the current accreditation standards act as a barrier to entry, preventing the emergence of innovative teaching methods and keeping the cost of legal education prohibitively high for the average student.

The university’s decision to bypass the ABA comes at a time when the accrediting body is facing unprecedented pressure from both federal regulators and state-level officials. Last month, the U.S. Department of Education issued a recommendation that the ABA Council lose its federal recognition to accredit law schools. If such a recommendation were fully implemented, it would have seismic consequences for the legal education industry, as ABA accreditation is currently the primary mechanism that unlocks federal student aid for law students. Without that federal recognition, the traditional financial model of many law schools could collapse.

Simultaneously, the ABA has found itself in the crosshairs of Republican-led states and conservative legal groups who have criticized the council’s historical support for diversity, equity, and inclusion (DEI) initiatives. Critics argue that these standards have prioritized ideological alignment over academic rigor. Earlier this year, in a move that provided the necessary legal opening for UATX’s current strategy, the Texas Supreme Court amended its rules to allow graduates from non-ABA-accredited law schools to practice law within the state. This regulatory shift in Texas effectively broke the ABA’s monopoly on the "pathway to the bar" in one of the nation’s largest legal markets.

In his critique, Biggs took particular aim at the financial and structural requirements imposed by the ABA, which he claims drive up tuition and limit the diversity of thought among faculty. He specifically pointed to the ABA’s requirements for tenured positions and the mandate for legal clinics as primary drivers of unnecessary costs.

"Students working real cases sounds good, in the abstract," Biggs wrote, acknowledging the surface-level appeal of clinical education. However, he contended that it is "the most expensive way to teach anything." He provided a stark comparison of efficiency: "A professor teaching Property reaches hundreds of students. A clinical professor works with about eight." By forcing schools to invest heavily in these low-ratio clinical settings, Biggs argues, the ABA ensures that the cost of a law degree remains out of reach for many, or leaves graduates with such high debt loads that they are forced into high-paying corporate law jobs rather than public interest work.

"Someone called to serve ordinary Americans and work in public-interest law shouldn’t have to abandon that calling because only a large-firm salary can service the loans," Biggs noted, framing the university’s rebellion against the ABA as a populist move intended to democratize access to the legal profession.

Beyond the financial arguments, Biggs leveled a heavy ideological charge against the current state of legal academia. He blamed what he called the "ABA-enforced pipeline" for creating a culture where both faculty and student bodies lean overwhelmingly to the left. He argued that legal clinics, in particular, have become vehicles for supporting left-leaning causes under the guise of education. This, he claimed, has fostered a "grievance-based study of the law" that "undermines the pursuit of truth and instills the belief that the Constitution and our republic are obstacles to be torn down."

U of Austin Won’t Seek ABA Accreditation for Legal Program

To counter this perceived bias, UATX has announced a strategic partnership with the Federalist Society, a powerful and influential conservative and libertarian legal organization. The university plans to integrate Federalist Society resources and personnel into its undergraduate legal education. This curriculum will reportedly focus on "the Constitution’s text, history, and tradition," and will be taught by a roster of practicing lawyers, scholars, and judges who subscribe to originalist or traditionalist interpretations of the law.

The University of Austin’s decision to forgo ABA accreditation is a gamble, particularly given its own nascent status. As of late 2025, the university itself does not yet have full institutional accreditation, although it recently reached a milestone by being granted "candidate status" by its regional accreditor. Without institutional accreditation, a school cannot offer degrees that are widely recognized for graduate school admission or federal employment, and its students are ineligible for federal financial aid. By doubling down on a non-traditional path for its legal studies, UATX is betting that the legal and educational markets are ready for a clean break from the 20th-century consensus.

The American Bar Association has responded to these developments with a defense of its standards and a reminder of the value of the traditional system. Melissa Hart, the chair of the ABA Council, issued a statement emphasizing that the council accredits law schools with a "wide range of missions and perspectives." She defended the ABA’s role in "setting minimum standards that lead to strong outcomes" for students and the public.

Hart also noted that the existence of "parallel pathways" to legal practice is not a new phenomenon, though it has traditionally been a marginal part of the legal landscape. "States also recognize other law schools that—for a variety of reasons—do not choose to pursue Council accreditation," Hart said in an emailed statement. She argued that the system of national accreditation has worked well for decades by ensuring "degree portability," allowing a lawyer educated in one state to more easily transition to practice in another. "That system… will continue to as the University of Austin builds its program," she added.

The concept of "degree portability" remains one of the most significant hurdles for UATX students. While the Texas Supreme Court’s ruling allows non-ABA graduates to practice in Texas, those graduates may find themselves unable to practice in other states that still require an ABA-accredited degree for bar admission. For a university that aims to influence the national conversation, this geographical limitation could be a significant drawback for prospective students.

However, the leadership at UATX appears to be counting on a "domino effect," where other states follow Texas’s lead in reducing the ABA’s oversight. The university’s stance is part of a broader movement among some legal circles to "unbundle" the law degree from the ABA’s specific set of requirements, which critics say have become bloated with administrative and ideological mandates that have little to do with a lawyer’s actual competence.

The university’s approach also reflects a return to an older model of legal education, where the study of the law was more closely aligned with the liberal arts and direct apprenticeship with practitioners, rather than the modern research-university model. By involving the Federalist Society and focusing on "text, history, and tradition," UATX is signaling that its legal program will be as much about civic philosophy as it is about statutory interpretation.

As UATX continues to build its faculty and curriculum, the legal community will be watching closely to see if this model can produce graduates who are not only capable of passing the Texas bar exam but also competitive in the legal marketplace. The success or failure of this initiative may well determine whether the ABA’s century of dominance is nearing its end, or if the "Austin experiment" remains a localized phenomenon in the ongoing struggle over the future of American institutional life.

For now, the University of Austin remains an institution in its infancy, operating out of temporary spaces and relying on the passion of its founders and the curiosity of its first cohorts. But with its latest move to "ditch the ABA," it has made it clear that it does not intend to grow by following the rules of the establishment it was built to challenge. The university’s leaders are betting that by stripping away the costs and ideological requirements of traditional accreditation, they can create a more efficient, more focused, and more ideologically diverse path to the legal profession—one that they believe is more in line with the needs of the American republic.

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