The Justice Department has accused UC Berkeley Law of intentionally discriminating against white and Asian applicants in its admissions processes, alleging that the school violated federal civil rights law. The findings, detailed in a letter from the DOJ's Civil Rights Division, state that the law school discriminated against applicants for the incoming classes of 2024 and 2025, even after the Supreme Court's 2023 ruling that race-conscious college admissions are unconstitutional.
Harmeet Dhillon, head of the DOJ's Civil Rights Division, stated that evidence shows Berkeley Law deliberately discriminates based on race. The department's letter specifically cited public comments made by Berkeley Law Dean Erwin Chemerinsky, suggesting he explored ways to maintain racial preferences while circumventing the Supreme Court's decision. Chemerinsky had reportedly suggested using "proxies for race" to replace the explicit use of race and advised caution in how such policies were discussed.
The DOJ also pointed to a video where Chemerinsky discussed "unstated affirmative action" in faculty hiring and advised colleagues not to articulate diversity as a reason for hiring decisions if questioned under oath. Dhillon wrote that Chemerinsky expressed an intention to defy the Supreme Court's ruling and hide discriminatory practices.
Dean Chemerinsky has denied the allegations, asserting that UC Berkeley School of Law scrupulously complies with Proposition 209, federal statutes, and the Constitution. He stated that race is not considered in admissions decisions and that the school does not provide preferences based on race while still pursuing diversity.
However, the DOJ claims that Berkeley admissions officials followed the approach Chemerinsky had previously described. The investigation found that the school's application asked prospective students how their "perspective, experience, Voice" would contribute to diversity, specifically mentioning race/ethnicity as a topic they could discuss. Admissions data analyzed by the DOJ indicated significant racial disparities. For the 2025 class, black applicants reportedly had 5.8 times greater odds of admission than comparable white applicants, and 6.5 times greater odds for the 2024 class. Asian applicants were found to be similarly disadvantaged compared to black applicants. The median LSAT score for admitted black students was also lower than that for admitted white and Asian students between 2021 and 2025.
The university administration rejected the DOJ's conclusions, emphasizing their adherence to California's Proposition 209, which prohibits considering race in admissions. UC Berkeley officials stated that they admit students based on merit and will provide evidence to demonstrate compliance with all relevant laws and policies.
This action follows a similar investigation by the Justice Department into UCLA's David Geffen School of Medicine, which also faced allegations of intentional racial discrimination against white and Asian applicants. In that case, the DOJ found that black and Hispanic students were admitted with lower academic credentials on average than their white and Asian counterparts.
Berkeley Law recently experienced a significant drop in U.S. News & World Report rankings, falling out of the top 14 law schools for the first time. The university receives substantial federal funding, including over $369 million from the Department of Education. The Justice Department is seeking a voluntary resolution agreement to bring Berkeley Law's admissions practices into compliance, citing the school's refusal to provide requested compliance information.