Braden Boucek, the U.S. Attorney for the Middle District of Tennessee, on Friday joined other Department of Justice (DOJ) officials in response to the Tennessee Supreme Court request for public comment regarding the role of the American Bar Association (ABA) plays in offering accreditation for law schools in Tennessee.
“The ABA behaves like a cartel,” wrote Boucek in a Friday post to social media. He added, “instead of insisting on excellence, the ABA insists on conformity with narrow political ideologies,” which often overlap with Diversity, Equity, and Inclusion (DEI).
Boucek wrote, “Whether labeled as DEI or not, discrimination based on race is illegal and wrong. Tennessee deserves the best quality lawyers.”
And instead of insisting on excellence, the ABA insists on conformity with narrow political ideologies. Whether labeled as DEI or not, discrimination based on race is illegal and wrong.
Tennesseans deserve the best quality lawyers.
— Braden Boucek (@BradenBoucek) May 1, 2026
A press release from Boucek’s office notes that he joins Acting Deputy Assistant G. Charles Beller, of the DOJ antitrust division, as well as Federal Trade Commission (FTC) Acting Director Clarke Edwards, who oversees that agency’s Office of Policy Planning, in calling for the Tennessee Supreme Court to take action.
“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,” stated Boucek in an included statement.
“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,” said Boucek. “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.”
Boucek and his colleagues call on the Tennessee Supreme Court to change the role of the ABA after the state court issued its September 2025 order requesting public comment on potential regulatory reforms in response to a report that showed more than 13 states have taken steps to change how lawyers can become licensed attorneys.
In their order, court noted that the ABA has only been the chief authority for accreditation of law schools in Tennessee since the 1940s, with the Tennessee Supreme Court cementing its role by 1948.
Their request for public comment followed the July 2025 release of a report by the Committee on Legal Education and Admissions Reform (CLEAR), which was organized in 2023 by state supreme court chief justices from across the country.
The CLEAR report revealed last year that at least 13 states have taken steps, or are considering steps, to allow “innovative pathways to licensure” for attorneys.
In 2024, Tennessee Attorney General Jonathan Skrmetti joined a coalition of 20 states demanding the ABA modify its accreditation process to comply with a U.S. Supreme Court ruling that determined affirmative action violates the 14th Amendment’s Equal Protection Clause.
Following the letter, ABA suspended a diversity standard it previously adopted, and is currently considering a full repeal.
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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
