Berkley, CA. — The U.S. Justice and Education departments concluded that the University of California, Berkeley School of Law discriminated against white and Asian applicants by favoring Black applicants in admissions.
The agencies announced their findings Sept. 9 following a joint civil rights investigation. The finding represents the federal government’s conclusion and is disputed by Berkeley Law; it is not a court judgment.
Federal officials said the law school’s admissions practices violated Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal funding from discriminating based on race or color. They also accused the school of attempting to circumvent the Supreme Court’s 2023 ruling prohibiting race-conscious admissions programs at colleges and universities.
The agencies said Berkeley Law continued pursuing racial diversity goals through application questions, essays and other admissions criteria after the Supreme Court’s decision.
As one example, investigators pointed to an application question asking candidates to identify their race or ethnicity. Federal officials alleged that information allowed the school to consider race and later group admitted students with classmates sharing the same “primary identity.”
Berkeley Law said the question is optional, is used for required demographic reporting and is not provided to admissions decision-makers.
Dean Erwin Chemerinsky denied the federal allegations, saying the school does not consider race when determining whom to admit.
“Berkeley Law’s admissions policy is clear that race is not considered in any way in admissions decisions,” Chemerinsky said, according to Reuters.
The university said Berkeley Law uses a comprehensive review process that evaluates factors beyond grades and standardized test scores. UC Berkeley said it would provide evidence showing that its admissions practices comply with federal law, the Constitution and California’s Proposition 209, which prohibits public institutions from granting preferential treatment based on race.
Federal officials based part of their conclusion on differences in admission results and LSAT scores. According to the agencies’ analysis of combined 2024 and 2025 data, half of admitted Black applicants had LSAT scores below those of 95% of admitted white applicants.
The agencies also reported that 37% of admitted Black applicants had LSAT scores below those of 99% of admitted white applicants. In 2025, Black applicants allegedly had 5.8 times the odds of admission as what investigators described as comparable white applicants.
The government argued that those differences showed a preference for Black applicants and discrimination against white and Asian applicants. Berkeley Law responded that test scores alone do not represent its complete evaluation of an applicant.
Assistant Attorney General Harmeet Dhillon accused the school of deliberately attempting to evade the Supreme Court’s ruling. Education Department Assistant Secretary for Civil Rights Kimberly Richey said applicants may not be advantaged or disadvantaged because of their race.
Berkeley Law maintains that pursuing a diverse student body remains lawful as long as an applicant’s race does not influence the admissions decision.
The Justice Department said it would seek a voluntary resolution requiring Berkeley Law to change practices the government considers unlawful. Federal officials said they could file a lawsuit if the university and government cannot reach an agreement.
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