Berkeley, California — The Trump administration is accusing UC Berkeley School of Law of unlawfully favoring Black applicants over white and Asian applicants, while the school firmly denies using race in admissions decisions.
The Justice and Education departments said a joint investigation found Berkeley Law violated Title VI of the Civil Rights Act and the Supreme Court’s 2023 affirmative-action ruling. DOJ said Black applicants had 5.8 times higher odds of admission than comparable white applicants in 2025 and pointed to gaps in median LSAT scores among admitted students.
The department also alleged Berkeley used essay prompts and other methods as racial proxies after the Supreme Court restricted race-conscious admissions. Its findings letter says the alleged discrimination affected the incoming classes of 2024 and 2025 and remains ongoing.
Berkeley Law Dean Erwin Chemerinsky rejected that conclusion, saying the school “scrupulously complies” with federal law and California’s Proposition 209, which bars racial preferences in public university admissions.
“Our admissions policy is clear that race is not considered in any way in admissions decisions,” Chemerinsky said. Berkeley’s published admissions policy similarly states that racial information is not used to determine admission.
Berkeley does encourage applicants to discuss how their background and experiences would contribute to the law school community, with race listed among numerous possible topics alongside socioeconomic background, disability, ideology and geography.
The DOJ findings are an administrative determination, not a court judgment. The government is seeking a voluntary resolution agreement and says it may sue if negotiations fail.
Sources
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