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The Justice Department and the Education Department say UC Berkeley School of Law broke the law by giving race-based advantages to some applicants. The agencies released a joint finding that spotted patterns, prompts and data that point to race-conscious admissions. The schools and left-leaning elites can call this a “misunderstanding,” but Assistant Attorney General Harmeet K. Dhillon says there may be litigation forthcoming — and she means business.
DOJ and ED spelling out the problem
What the data and materials show
The joint DOJ/ED review points to application prompts and an identity “grouping” tool that act as racial proxies. The agencies report that Black applicants had far higher odds of admission than comparable white and Asian applicants — roughly 6.5 times higher one year and about 5.8 times higher the next. That is not a small statistical quirk. Assistant Attorney General Harmeet K. Dhillon said the actions “demonstrate a complete disregard for the rule of law.” The agencies say they will first try to win voluntary changes, and if that fails, they will not shy away from filing suit.
Berkeley Law’s defense — and why it won’t end the debate
Claims of compliance meet hard evidence
Dean Erwin Chemerinsky has pushed back hard, insisting Berkeley Law “scrupulously complies” with state law and federal rules and that “race is not considered in any way.” That’s one side of the story. The other side is the school’s own application language and the admission statistics flagged by the DOJ letter. Keep in mind this is an investigative finding, not a court ruling. Still, when your own materials are used as evidence against you, “misunderstanding” is a thin defense.
Why this matters to students and the rule of law
The legal frame: Title VI and Students for Fair Admissions
The agencies reviewed Berkeley Law under Title VI and the Supreme Court’s recent limits on race-based admissions in Students for Fair Admissions. This is part of a broader enforcement push into admissions and DEI programs at elite institutions. If universities think they can flout federal law with clever application language and identity buckets, the DOJ and the Education Department have made clear they will press the point. That should matter to every student, parent, and taxpayer who expects fair rules and equal treatment under the law.
Time for accountability — and common sense
Call it a teachable moment. If Berkeley Law truly does not consider race, it should open its books, fix anything that looks like a racial proxy and move on. If it does, in fact, use race to select students, the school should expect serious consequences. The DOJ is doing what it should: enforcing the law evenly, not letting institutions pick and choose when the Constitution applies. Universities that think they are above the rules should remember that the rule of law still matters — and that “we were just trying to help” is a poor defense in court. Let the agencies do their work, and let justice be fair for all applicants, not just the ones elite schools prefer.
