The U.S. Department of Justice’s Civil Rights Division and the Department of Education on Wednesday announced joint findings that the University of California, Berkeley School of Law deliberately discriminates against white and Asian students in admissions. The agencies said the conduct violates Title VI of the Civil Rights Act of 1964 and the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA).
“Berkeley Law School’s deliberate efforts to circumvent the Supreme Court’s decision in SFFA demonstrate a complete disregard for the rule of law,” Assistant Attorney General Harmeet Dhillon said when announcing the probe’s findings.
The Department opened a Title VI compliance review of UC Berkeley on March 27, 2025, and expanded it to Berkeley Law on April 18, 2025. The findings address the incoming classes of 2024 and 2025. As of September 3, 2026, UC Berkeley had received $369,122,992.35 from the Education Department.
The investigation found that after SFFA, Berkeley Law used race, essay prompts, and other tactics to further diversity goals. The application asked: “How will you (your perspective, experience, Voice) contribute diversity in our classrooms and community? Feel free to address any factors or attributes you consider important and relevant. In the past, applicants have included information about characteristics such as: race/ethnicity …”
It also asked applicants to select a “PRIMARY identity,” stating that some students “feel supported when grouped with other students with whom they share a primary identity.” The DOJ noted that in practice, this means that UC Berkeley separates students on the basis of race.
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Joint Investigation by the U.S. Justice Department and @usedgov Finds U.C. Berkeley Law School Discriminates Based on Race in Admissions
“Berkeley Law School’s deliberate efforts to circumvent the Supreme Court’s decision in SFFA demonstrate a complete disregard for the rule of… pic.twitter.com/xJm8qqtYa3
— DOJ Civil Rights Division (@CivilRights) September 9, 2026
The findings letter cited public remarks by Dean Erwin Chemerinsky, including that schools would need to “find ways to achieve diversity that can’t be documented as violating the Constitution,” and earlier comments about replacing the “explicit use of race” with “proxies for race.” The letter also referenced a video in which Chemerinsky discussed “unstated affirmative action” in faculty hiring.
Applicant-level data for 2019–2025 showed, after accounting for LSAT scores, undergraduate GPA, and race, statistically significant racial preferences in 2024 and 2025. In 2025, black applicants had 5.8 times higher odds of admission than comparable white applicants. In 2024, the figure was 6.5 times higher.
The department stated Berkeley discriminated against Asian applicants in favor of black applicants to a similar degree.
Median LSAT scores for admitted students from 2021 through 2025 were 172 for Asian admits in most years, 171–173 for white admits, and 164–167 for black admits, a gap of about five points. In 2024 and 2025 combined, half of admitted black applicants had LSAT scores below 95 percent of admitted white applicants, and 37 percent had scores below 99 percent of admitted white applicants.
“The data produced by Berkeley Law demonstrates a strong intentional bias against Asian and white applicants, with a corresponding bias in favor of black applicants. The magnitude and durability of the race preferences confirmed by Berkeley Law’s applicant-level data could not reasonably have occurred by chance and provide substantial evidence of intentional discrimination,” the department’s findings letter stated.
“The Department finds that Berkeley Law deliberately discriminated against Asian and white applicants based on race in its law school admissions. … This discrimination is ongoing,” it concluded.
The Department seeks a voluntary resolution agreement to bring admissions and oversight into compliance. If those efforts fail, it said it will file suit.
