DOJ Investigation Reveals Illegal Discrimination at Berkeley Law School: Ensuring Compliance with Federal Law

The Department of Justice has determined that the University of California, Berkeley School of Law engaged in illegal discrimination against Asian and white applicants based on race in its 2024 and 2025 admissions processes. This occurred after the Supreme Court invalidated affirmative action policies. The DOJ's investigation revealed that Berkeley Law used race and other tactics to achieve its diversity goals in admissions. The department is now seeking a resolution agreement with the law school to ensure compliance with federal law.
The admissions application at Berkeley Law asked applicants to specify their racial identity and how they would contribute to diversity in the classrooms and community. This aligns with Dean Erwin Chemerinksy's previous statements on the need for colleges to maintain diversity quotas without violating the Constitution. The DOJ also reviewed a video of Chemerinks admitting to "unstated affirmative action" practices in faculty hiring.
Statistical analysis of admissions data showed significant racial preferences in 2024 and 2025, with black applicants having much higher odds of admission compared to white applicants with similar qualifications. The DOJ's letter to Berkeley Law highlighted the deliberate discrimination against Asian and white applicants based on race, emphasizing the ongoing nature of this discrimination. The department will continue to investigate law schools' compliance with Title VI and take legal action if necessary.
The DOJ's findings underscore the importance of upholding federal laws against racial discrimination in admissions practices. It is crucial for educational institutions to ensure fair and equitable processes that do not disadvantage applicants based on their race. The department's efforts to address violations and promote compliance with Title VI are essential in upholding the principles of equal opportunity and nondiscrimination in higher education.