<p>The University of California, Berkeley, School of Law has been accused of discriminating against white and Asian applicants, according to a statement from the Trump administration on September 9, 2026. The administration claims that the school used admissions essays and other practices to favor applicants based on race.</p>
<p>A joint investigation by the Justice Department and the Education Department concluded that Berkeley Law violated federal civil rights law and the Supreme Court’s 2023 ruling against race-based college admissions. The university has disputed these findings, asserting that its admissions process complies with the law.</p>
<p>Assistant Attorney General Harmeet Dhillon stated, "Berkeley Law School’s deliberate efforts to circumvent the Supreme Court’s decision in SFFA demonstrate a complete disregard for the rule of law." She added that the Department will continue to pursue compliance from schools that attempt to manipulate their student bodies racially in violation of federal law.</p>
<p>Berkeley Law Dean Erwin Chemerinsky responded that the school does not consider race in admissions “in any way.” He stated, “Federal statutes and the Supreme Court’s decisions do not preclude schools from pursuing diversity so long as they give no preferences based on race. Berkeley Law does not do so.”</p>
<p>The findings could lead to settlement negotiations and further enforcement actions. The DOJ indicated it would pursue legal action if negotiations fail to ensure compliance.</p>
<p>According to the findings letter from the department, the alleged discrimination affected at least the incoming classes of 2024 and 2025. The department also accused the school of failing to provide requested information during the investigation.</p>
<p>Investigators cited admissions data indicating preferences for black applicants over similarly qualified white and Asian applicants, noting that black applicants had 5.8 times the odds of admission compared to white applicants in 2025.</p>
<p>The government also alleged that Berkeley Law asked applicants to identify their race to group admitted students with classmates sharing the same primary identity, which the department characterized as intentionally separating students by race.</p>
<p>Berkeley’s published application instructions request prospective students to explain how their backgrounds and experiences would contribute to the school, listing race and ethnicity among several characteristics that applicants may discuss, including socioeconomic background and geographic diversity.</p>
<p>The dispute hinges on the distinction between considering an applicant’s experiences and awarding preferences based on race.</p>
<p>The Supreme Court’s 2023 decision that struck down admissions programs at Harvard University and the University of North Carolina prohibited racial preferences but allowed universities to consider how race affected applicants' lives, provided they evaluate individual experiences rather than race itself.</p>
<p>The findings letter also noted that California voters prohibited racial preferences in public education through a 1996 ballot measure, which placed the state’s public universities under restrictions that predated the Supreme Court’s ruling against affirmative action.</p>
<p>The DOJ cited differences in Law School Admission Test scores as further evidence supporting its findings. It reported that half of admitted black applicants in 2024 and 2025 scored below 95% of admitted white applicants, and 37% of admitted black applicants scored below 99% of admitted white applicants, suggesting that different admissions standards were applied based on race.</p>
<p>Education Department Assistant Secretary for Civil Rights Kimberly Richey stated, “Title VI is clear: no student should be advantaged or disadvantaged in admissions because of the color of their skin.” She emphasized that the Supreme Court made it clear that universities cannot evade the law by finding new ways to make race a factor in admissions decisions.</p>