DOJ and Education Department Find Berkeley Law Discriminates Against White and Asian Applicants

The Justice Department's Civil Rights Division and the Department of Education announced joint findings on September 9, 2026, that UC Berkeley's law school deliberately discriminates against white and Asian applicants, in violation of Title VI and the Supreme Court's 2023 Students for Fair Admissions ruling. The agencies said Berkeley Law's application asked applicants to state their race so admitted students could be "grouped" by "primary identity," and cited data showing Black applicants had 5.8 times higher odds of admission than comparable white applicants in 2025, with more than a third of admitted Black applicants scoring below 99% of admitted white applicants on the LSAT.

The finding is part of the administration's broader post-SFFA enforcement push against universities' race-conscious practices, testing how aggressively civil-rights agencies can compel changes to admissions criteria without a court order.

Berkeley Law's dean disputed the findings, saying the school's process complies with federal and state law. The Justice Department said it will seek a settlement agreement and, failing that, may sue.