The Justice Department has accused Duke University's law school of unlawfully considering race in its admissions process, marking the latest action by the federal government against higher education institutions following a 2023 Supreme Court decision that prohibited affirmative action.
In a letter detailing its findings, the department asserted that Duke Law, despite professing race-neutral admissions, utilized other factors as stand-ins for race. These allegedly included personal essays and an applicant's status as a first-generation college student.
Assistant Attorney General Harmeet K. Dhillon of the DOJ's Civil Rights Division stated that "Using ‘diversity’ essay questions to identify preferred races for admission is still illegal discrimination based on race." The department indicated it is seeking a settlement with Duke Law.
The Supreme Court's 2023 ruling declared affirmative action in college admissions illegal. However, the ruling also noted that colleges could still consider how an applicant's background might inform broader characteristics. President Donald Trump has previously alleged that colleges are employing alternative methods to maintain racial diversity, a practice that conservatives deem discriminatory.
The Justice Department pointed to admissions data from Duke Law, suggesting that Black or Hispanic applicants were admitted at significantly higher rates than white or Asian applicants with comparable academic credentials. For the 2024 and 2025 admissions cycles, the department claimed that the median Law School Admissions Test scores of rejected white and Asian applicants surpassed those of admitted Black applicants.
This is not the first time the Justice Department under the Trump administration has scrutinized university admissions. The department previously found that the medical schools at Yale University and the University of California, Los Angeles, had illegally considered race. In June, investigations were launched into 15 other medical schools for similar practices. The administration also previously targeted undergraduate admissions at selective colleges, requiring them to provide data demonstrating compliance with the Supreme Court's ruling.
Duke Law School said it was reviewing the Justice Department's letter and remains committed to operating lawfully while upholding its academic mission. The school has not yet issued further comment.