Full Breakdown
Federal Investigation Accuses UC Berkeley Law School of Racial Discrimination
9/11/2026, 4:13:53 AM
Alleged Violations and Findings
The U.S. Department of Justice (DOJ) alleges that the school’s application materials—including essay prompts and a question asking applicants to identify a “primary identity”—were used to factor race into admission decisions, violating Title VI of the Civil Rights Act of 1964.
Background and Legal Context
The investigation follows the 2023 Supreme Court decision in *Students for Fair Admissions v. Harvard* (SFFA), which held that race-based admissions programs violate the Equal Protection Clause. California’s Proposition 209, enacted in 1996, also bars public universities from considering race, sex, color, ethnicity, or national origin in admissions. The DOJ’s review began on March 27, 2025 and was expanded to Berkeley Law a month later.
Data Supporting the DOJ Claim
- Admission odds: Black applicants in 2025 had 5.8 times higher odds of admission than comparable white applicants, according to the DOJ’s statistical analysis.
- Standardized-test disparities: Median LSAT scores for admitted Black students were about five points lower than those for admitted white and Asian students each year (DOJ data). Half of the admitted Black cohort scored below the 95th percentile of admitted white applicants; more than one-third scored below the 99th percentile.
- Enrollment snapshot (October 2025): 1,128 law students—516 White, 293 Asian, 51 Black, 130 Hispanic.
- Median LSAT figures (2021-2025): Black ? 165, Asian ? 172, White ? 172, Hispanic ? 169 (DOJ). A separate report cited median scores of 167 (Black), 170 (Hispanic) and 172 (White/Asian).
Official Statements & Responses
- Assistant Attorney General Harmeet K. indicated the DOJ seeks a voluntary resolution agreement and will sue if one is not reached.
- U.S. Department of Education Assistant Secretary for Civil Rights Kimberly Richey emphasized that “Title VI is clear: no student should be advantaged or disadvantaged in admissions because of the color of their skin.”
Conflicting Reports & Gaps
Two outlets reported slightly different median LSAT scores for Black admits (165 vs. 167) and for Hispanic admits (169 vs. 170). Neither source disclosed the statistical model used to calculate admission odds, leaving the methodology of the 5.8-times figure unverified. The DOJ’s letter also cited essay prompts as a “backdoor” to collect racial data, but the school’s public materials do not specify how those responses are weighted in the final admission decision.
Verbatim Quotes
- “University of California, Berkeley School of Law in its admissions decisions scrupulously complies with [California’s] Proposition 209, federal statutes, and the United States Constitution,” — Erwin Chemerinsky, dean
- “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
What’s Next
The DOJ has indicated it will pursue a negotiated settlement with Berkeley Law; failure to reach agreement could lead to civil litigation. The university plans to submit extensive documentation to demonstrate compliance, and the case is expected to influence federal reviews of admissions practices at other UC campuses.