The Sherman Antitrust Act (15 U.S.C. § 1 specifically) prevents a Department of Education recognized accrediting body--such as ACPE--from arbitrarily controlling the number of schools in areas and requirements under its purview.
English: If ACPE makes it too hard for a new school to open, and does not apply those more stringent standards to new schools, it will be sued. If ACPE makes more stringent standards, applies them to ALL schools, and this successfully keeps new schools from opening up....every single school in the country would close because no one would be able to comply. Further, if those standards are arbitrary, ACPE will get sued (see below).
This is the reality, there's no way around it, people who say we should keep new schools from opening are wasting their breath. Any attempt at manipulating the accreditation process to restrict schools is DOA. The ABA piled on some unrelated accreditation requirements in 1995, promised not to do it, but then got caught by the DOJ for doing it, and had to pay ~$200k fine in 2006. (
source) Interestingly, relevant to this discussion is this from that press release:
"the ABA would be prohibited from...Refusing to accredit schools simply because they are for-profit."
Anyway, as I've said before, the train has left the station...and there's 120+ years of federal law backing it up. The only way to fix it is to give that train some track to run on and open up the profession on the back end w/ increased niches and things to do.