Wednesday, October 14Global edition

US agencies accuse Berkeley Law of racial discrimination in admissions

The Justice Department and Department of Education allege the school used race, essay prompts and other mechanisms to favour Black applicants. The finding comes three years after the Supreme Court banned race-based affirmative action in college admissions.
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The Department of Justice and the Department of Education said the University of California, Berkeley School of Law engaged in racial discrimination in its admissions practices. The agencies said the school used race, essay prompts and other mechanisms to tilt admissions towards Black candidates.

The Justice Department alleged that the conduct violated Title VI and the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard. That ruling held that affirmative action based on race in college admissions is unconstitutional.

Assistant Attorney General Harmeet Dhillon described the alleged conduct as “a complete disregard for the rule of law”.

The finding places a law school admissions process under direct federal scrutiny after the Supreme Court’s ruling. The central legal question is whether an institution has used race in admissions, rather than whether its student body shows a particular demographic outcome. The departments’ announcement alleges that Berkeley Law crossed that line through several parts of its admissions process.

Title VI is the legal basis named by the Justice Department alongside Students for Fair Admissions v. Harvard. The available information does not state whether Berkeley Law has contested the finding.

Berkeley Law enrolled 1,128 students in October 2025. Of those students, 516 are white, 293 are Asian and 51 are Black. The figures cover enrolled students rather than the applicants whose admissions decisions are at issue in the Justice Department’s finding.

The available information does not provide a complete demographic breakdown of the law school’s enrolment. It also does not specify what remedies or penalties the Justice Department is seeking.

The finding signals increased scrutiny of law school admissions practices after the Supreme Court decision. The available information does not say whether other law schools or universities are facing similar Justice Department investigations. It also leaves unresolved how Berkeley Law will respond to the agencies’ allegation and whether the matter will lead to further action.

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Gregory VanceLaw & Crime

Gregory Vance covers law and criminal justice with a prosecutor’s eye for how a case is actually built. Precise on procedure, careful with allegations, and clear about what the evidence does and does not show.

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