DOJ: U.C. Berkeley Law Discriminated Against White and Asian Applicants
“Berkeley Law School’s deliberate efforts to circumvent the Supreme Court’s decision in SFFA demonstrate a complete disregard for the rule of law”
Berkeley Law has discriminated against white and Asian students in admissions, according to a joint investigation by the Justice Department and the Department of Education. It looks like, once again, a school tried to keep Affirmative Action in place without saying it outright.
DOJ quotes Berkeley Law Dean Erwin Chemerinsky in its Findings Letter:
“What colleges and universities will need to do after affirmative action is eliminated is find ways to achieve diversity that can’t be documented as violating the Constitution.”
Here are the median LSAT… https://t.co/D2FllMhVKZ pic.twitter.com/SSI6hMoNME
— Steve McGuire (@sfmcguire79) September 9, 2026
FOX News breaks it down:
According to the DOJ’s analysis, Black applicants in 2025 had “5.8 times higher odds of admission than comparable white applicants.”
An analysis of LSAT scores for admitted students in 2024 and 2025 found that 37% of Black admitted applicants scored below 99% of admitted White applicants.
In addition, half of the school’s admitted Black applicants had LSAT scores “below 95% of the admitted white applicants.”
According to figures cited by the DOJ, median LSAT scores from 2021 through 2025 showed a persistent disparity between racial groups, with Black admits scoring around 165. Asian and White admits scored around 172, while Hispanic admits had median scores around 169.
From a DOJ press release:
Joint Investigation by the U.S. Justice Department and U.S. Department of Education Finds U.C. Berkeley Law School Discriminates Based on Race in Admissions
The U.S. Justice Department’s Civil Rights Division (DOJ) and the U.S. Department of Education (ED) announced today joint investigative findings that the University of California, Berkeley School of Law (Berkeley Law) deliberately discriminates against white and Asian students in its admissions process. Berkeley Law’s discriminatory conduct violates Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race or color, and the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA), which banned race discrimination in higher education.
“Berkeley Law School’s deliberate efforts to circumvent the Supreme Court’s decision in SFFA demonstrate a complete disregard for the rule of law,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “The Department will continue to aggressively pursue compliance from schools who attempt to racially manipulate their student bodies in violation of federal law.”
“Title VI is clear: no student should be advantaged or disadvantaged in admissions because of the color of their skin,” said U.S. Department of Education Assistant Secretary for Civil Rights Kimberly Richey. “The Supreme Court made equally clear that universities cannot evade the law by finding new ways to make race a factor in admissions decisions. Today’s findings demonstrate that the Trump Administration will work to hold institutions accountable and ensure students are judged on their individual merit, not their race.”
The Department’s investigation found that post-SFFA, Berkeley Law uses race, essay prompts, and other tactics to further its admissions diversity goals. For instance, Berkeley’s application asked applicants to specify their racial identity, so that admitted students could be “grouped” with others of the same “primary identity” in class. In other words, Berkeley Law intentionally separates admitted students by race.
DOJ also released a findings letter, which you can read here.
This keeps being uncovered because the academic left knows that they own higher education, and despite what the laws say, they’re just doing what they want to do.
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What happened to Prop 209?
We don’t talk about 209, no no no no no!
We don’t talk about 209!
In February 2009, U.S. Attorney General Eric Holder called the United States a “nation of cowards” regarding race, urging citizens to have an honest and open dialogue about racial division.
Honest discussion?
Ha! Because if such a thing happened, if we faced reality and told ourselves the truth, as Charles Murray urges, the fairy tales of black IQ and black crime would come crashing down. Could we handle it?
The Summer of 2020 provides the frightening answer.
Excerpt from Facing Reality: Two Truths about Race in America, Charles Murray (2021),
“The charges of white privilege and systemic racism that are tearing the country apart float free of reality. Two known facts, long since documented beyond reasonable doubt, need to be brought into the open and incorporated into the way we think about public policy: American whites, blacks, Hispanics, and Asians have different violent crime rates and different means and distributions of cognitive ability. The allegations of racism in policing, college admissions, segregation in housing, and hiring and promotions in the workplace ignore the ways in which the problems that prompt the allegations of systemic racism are driven by these two realities.
What good can come of bringing them into the open? America’s most precious ideal is what used to be known as the American Creed: People are not to be judged by where they came from, what social class they come from, or by race, color, or creed. They must be judged as individuals. The prevailing Progressive ideology repudiates that ideal, demanding instead that the state should judge people by their race, social origins, religion, sex, and sexual orientation.
We on the center left and center right who are the American Creed’s natural defenders have painted ourselves into a corner. We have been unwilling to say openly that different groups have significant group differences. Since we have not been willing to say that, we have been left defenseless against the claims that racism is to blame. What else could it be? We have been afraid to answer. We must. Facing Reality is a step in that direction.”
In other news, water is wet.
Berkeley has been doing this so open and obviously for years; indeed, the letter from DOJ spells out how its excretable Dean Erwin Chemerinsky has publicly bragged about how the school would circumvent the SFFA decision. The school views discrimination in favor of blacks and Hispanics in admission and hiring as a moral imperative, and disobeying federal law that prohibits it as a badge of honor.
Why DOJ is seeking to enter into settlement discussions with this incorrigible school is beyond me. They should just proceed straight to enforcement, starting by immediately cutting off all federal funds (including its students’ eligibility for federally guaranteed student loans). That, and only that, is what will force compliance with the law.
And if Chemerinsky is the one who signed the school’s federal nondiscrimination certification (required annually in order to be eligible for federally funds), prosecute him, personally, for perjury. One of my old professors who had been the dean of a department at UT summed up the reality of these nondiscrimination certifications in today’s academia: “We all lie on them, and everyone knows everyone lies on them. But we also know nobody will ever do anything about it.” Hang Chemerinsky for this, and maybe that attitude will change.
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