Morning Update: Gatekeepers

Today, on the Morning Update, associations have gatekeepers who create cratels that are overrun by progressives who make them into ideological litmus tests for various professions. They control who gets certified or licensed in a wide range of fields, from Education to medicine, entertainment, to the trades, even journalism; the list is long, and it includes the law, but that practice has begun to wear out its welcome.

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Ep 166 link(s)

  • https://x.com/seanmdav/status/2050251737387167787
  • https://x.com/TheJusticeDept/status/2050262195989029340
  • https://x.com/BuckThrockmort/status/2050288095665312238
  • https://spectator.org/texas-and-florida-shatter-the-abas-gatekeeping-power/

Transcript [Lightly Edited]
Welcome to your Thursday, May 7th, 2026 morning update.

From Sean Davis, U.S. Attorney urges Tennessee Supreme Court to abandon ABA’s exclusive law school accreditation privilege. The American Bar Association is a cartel, and it controls what law schools get accredited, what they teach, and often who goes, who graduates, and a whole bunch of other things that we’re gonna cover in a second.

But I wanna be clear, there are lots of cartels. The American Medical Association is a cartel. Every state has them. You have licensure boards, you have licensing requirements, you have certificate of need boards, things that were erected to ostensibly make sure that whoever was in a service or occupation had the skills to not cause you harm. We, of course, know this is completely ridiculous because those people cause harm every day, not nearly as much as the people who create the boards and who run the government.

But then again, that’s what we talk about every day.

So, Tennessee is considering getting rid of the ABA as the end-all and be-all of who gets to be a lawyer and what they get to learn. That’s an important subject.

The US Department of Justice is on board.

The ABA’s cartel-like control over law school accreditation drives up costs, limits access, and pushes ridiculous ideological mandates over merit. One thing cartels absolutely do is control access.

They are gatekeepers, and they drive up costs because they basically confound the free market idea, that if you let just about anybody who’s capable do a thing, of it. They might do it better, cheaper, faster, and we can’t have any of that, can we?

From Buck Throckmorton.

I wrote about recently, Texas and Florida just ended the ABA’s monopoly on law school accreditation in those states. There needs to be a preference cascade through All red states to follow, Tennessee most certainly needs to do so. From the American Spectator article.

Just noticing how blue I look today in the lighting.

As documented by George Perry at the American Spectator last May in 1992, the ABA abandoned all pretense of being an apolitical professional organization and publicly emerged as a special interest adjunct of the Democrat Party. That year, the ABA took a partisan stand in favor of abortion legislation and it presented an award to Anita Hill for her testimony against Clarence Thomas in his 1991 Supreme Court confirmation hearings. The situation only got worse from there. By 2021, to maintain accreditation, law schools had to demonstrate by concrete action a commitment to diversity and inclusion. This included having faculty and student bodies that were diverse with respect to gender, race and ethnicity.

While there was some pushback against the ABA’s political agenda, its monopoly power remained unchecked. In 2023, the US Supreme Court ruled that certain race-based admissions programs at Harvard and the University of North Carolina violated the Equal Protection Clause of the 14th Amendment and Title VI of the 1964 Civil Rights Act. But the ABA continued to seek workarounds to perpetuate the requirement for diversity quotas.

In April, 2025, President Trump issued an executive order barring the use of DEI as a metric in law school accreditation.

As we’ve talked about previously, every organization, including universities that aren’t law schools, are still on board, A, with being gatekeepers, and B, with controlling via their gatekeeping, what you think, what you learn, what you’re allowed to say, and by extension, who you are allowed to support politically. It’s a bad set of circumstances. New Hampshire’s bar association is just as offensive as every other state’s, and it could very well go.

The one downside to this that I see is that while Texas and Florida have both pretty much barred the ABA from its gatekeeping, it’s handed it to their state supreme courts.

I wouldn’t give my state Supreme Court that kind of authority because they’ve already proven they don’t know how to handle it. So we’ll see how it goes. But we have other cartels in New Hampshire to break.

You have the same problem in your state.

What’s a positive note is that there’s momentum to do that, to take the gatekeepers to task. And one place where we really need to do it more than anywhere else is public education. That’s it for today. I’ll talk to you tomorrow.

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    The Morning Update is a short-form, five-minute-ish look at a current event, issue, topic, or person featuring GraniteGrok.com owner/editor Steve MacDonald—news and opinion, but not always taken too seriously.

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