Full Breakdown
DOJ Accuses Duke Law of Race-Based Admissions Discrimination
8/8/2026, 4:26:18 AM
Core Findings
The U.S. Department of Justice’s Civil Rights Division concluded that Duke University School of Law discriminated on the basis of race in admissions for the 2023-2025 entering classes. The department says the school gave Black and Hispanic applicants a substantially higher chance of admission than equally qualified White and Asian applicants, violating Title VI of the Civil Rights Act of 1964 and the 2023 Supreme Court decision in *Students for Fair Admissions v. Harvard* (SFFA).
Background & Context
In June 2023 the Supreme Court ruled that colleges may not consider an applicant’s race when making admissions decisions, striking down affirmative-action programs. The Justice Department began investigating Duke Law in April 2025, focusing on whether “diversity” essays and other proxies effectively re-introduced racial preferences.
Data & Statistics
- Across the three cycles, Black applicants in 2025 were about 3.5 times more likely to be admitted than Asian applicants with comparable LSAT scores and GPAs.
- In 2024-2025, the median LSAT scores of rejected White and Asian applicants exceeded those of admitted Black applicants (admitted Black median 164–166; rejected White/Asian median 167–173).
- Internal documents show the school’s mission statement was revised after SFFA to emphasize a “diversity of perspective and experience,” and admissions reviewers were instructed to “tag” essay responses and Pell-grant eligibility—factors the department says correlate with race.
Official Statements & Responses
- The department said it is prepared to file suit if negotiations fail.
- Duke University’s spokesperson replied that the school is reviewing the letter and its conclusions carefully and remains committed to complying with the law while preserving its academic mission.
Criticism & Opposition
Legal scholar Scott Holmes, a professor at North Carolina Central University, cautioned that the DOJ’s reliance on statistical disparities departs from traditional Title VI enforcement, which historically required direct evidence of discriminatory intent. Holmes argued that treating “diversity” essays and proxy variables as unlawful race-based preferences may overextend the Supreme Court’s guidance, which still permits schools to consider an applicant’s background in a race-neutral manner.
Verbatim Quotes
- “Using ‘diversity’ essay questions to identify preferred races for admission is still illegal discrimination based on race, and this Department is committed to eliminating it everywhere we find it, including in our nation’s law schools,” — General Harmeet Dhillon, assistant attorney
Timeline
- 2023 – Supreme Court issues SFFA decision prohibiting race-based admissions.
- April 2025 – DOJ’s Civil Rights Division begins formal investigation of Duke Law.
- May 4 2026 – DOJ announces findings at a news conference in Washington.
- August 6 2026 – DOJ issues six-page letter of findings to Duke Law, detailing alleged discriminatory practices.
What’s Next
The Justice Department has indicated it will enter settlement negotiations with Duke University to bring the law school’s admissions process into compliance with Title VI. If talks break down, the department plans to pursue litigation that could affect the university’s federal funding. Duke is expected to respond to the DOJ’s allegations and review its admissions policies.
