Joint Investigation by the U.S. Justice Department and U.S. Department of Education Finds U.C. Berkeley Law School Discriminates Based on Race in Admissions
Wednesday, September 9, 2026 - The U.S. Justice Department’s Civil Rights Division (DOJ) and the U.S. Department of Education (ED) announced today joint investigative findings that the University of California, Berkeley School of Law (Berkeley Law) deliberately discriminates against white and Asian students in its admissions process. Berkeley Law’s discriminatory conduct violates Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race or color, and the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA), which banned race discrimination in higher education.
“Berkeley Law School’s deliberate efforts to circumvent the Supreme Court’s decision in SFFA demonstrate a complete disregard for the rule of law,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “The Department will continue to aggressively pursue compliance from schools who attempt to racially manipulate their student bodies in violation of federal law.”
“Title VI is clear: no student should be advantaged or disadvantaged in admissions because of the color of their skin,” said U.S. Department of Education Assistant Secretary for Civil Rights Kimberly Richey. “The Supreme Court made equally clear that universities cannot evade the law by finding new ways to make race a factor in admissions decisions. Today’s findings demonstrate that the Trump Administration will work to hold institutions accountable and ensure students are judged on their individual merit, not their race.”
The Department’s investigation found that post-SFFA, Berkeley Law uses race, essay prompts, and other tactics to further its admissions diversity goals. For instance, Berkeley’s application asked applicants to specify their racial identity, so that admitted students could be “grouped” with others of the same “primary identity” in class. In other words, Berkeley Law intentionally separates admitted students by race.
The data produced by Berkeley Law demonstrates a strong bias against Asian and white applicants, with a corresponding bias in favor of black applicants. In 2024 and 2025 (combined), half of Berkeley Law’s admitted black applicants had LSAT scores that were below 95% of the admitted white applicants. Worse, more than one-third of admitted black applicants (37%) had LSAT scores below 99% of admitted white applicants. The Department’s analysis further revealed that in 2025, black applicants had 5.8 times higher odds of admission than comparable white applicants.
As recipients of federal financial assistance, law schools are subject to federal non-discrimination laws. The Department will continue to investigate their compliance with Title VI, as interpreted by SFFA’s prohibition on race-conscious admissions. Where a violation has been found, the Department will engage in settlement negotiations to ensure the school’s admissions practices are brought into compliance. If those efforts fail, the Department will file suit.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.
Note: Read the Department’s Findings Letter here.
U.S. Department of Justice
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Source: Justice.gov
