The University of California, Berkeley’s law school has been accused by the Justice Department and the Education Department of discriminating against white and Asian applicants in its admissions process. The announcement, made on Wednesday, marks a significant escalation in the federal government’s efforts to enforce a Supreme Court ruling that restricts the use of race-conscious admissions policies.
The allegations come as part of a broader investigation into admissions practices across the University of California system, which includes 10 campuses. The Justice Department’s claims focus on data supplied by Berkeley’s law school, which reportedly shows a pattern favoring Black applicants over equally qualified white and Asian candidates. Harmeet K. Dhillon, the Justice Department’s chief civil rights official, stated in a letter to university lawyers that the data “could not reasonably have occurred by chance” and constitutes substantial evidence of intentional discrimination.
Berkeley promptly rejected the accusations, affirming its commitment to merit-based admissions without consideration of race, sex, color, ethnicity, or national origin. The university pledged to provide evidence demonstrating compliance with applicable laws and policies governing admissions.
The federal government’s position draws from a 2023 Supreme Court decision, authored by Chief Justice John G. Roberts Jr., which emphasized that admissions decisions must treat applicants as individuals rather than on the basis of race. However, the ruling also stated that universities may consider applicants’ discussions of how race affected their lives, including through discrimination or inspiration. The Trump administration’s interpretation of the decision has been more restrictive, asserting that any racial consideration in admissions is prohibited, including the use of factors such as need-based Pell grants as proxies for race.
According to the Justice Department, Berkeley’s law school employed tactics involving race and essay prompts to advance diversity objectives, resulting in Black applicants being admitted at significantly higher rates than white or Asian applicants with comparable qualifications. Dhillon characterized the law school’s actions as showing “a complete disregard for the rule of law.”
This case is part of a wider pattern of federal scrutiny focused primarily on graduate programs, including law and medical schools within the University of California system. Previously, the Justice Department accused medical schools at UC Davis, UCLA, and UC San Diego of similar conduct in admissions. The investigations form part of a larger campaign initiated during President Trump’s second term, including the establishment of a special unit to oversee inquiries into the university system.
Beyond admissions, the Education Department and the Equal Employment Opportunity Commission have also investigated University of California campuses. Last year, an Education Department inquiry into Berkeley ignited controversy when university officials disclosed the names of students and employees involved in antisemitism complaints to the Trump administration, a move met with substantial backlash on campus and criticism of university leadership.
The Justice Department’s charges against Berkeley’s law school add to ongoing tensions between the federal government and the University of California system as the debate over race-conscious admissions policies continues to unfold.
