WASHINGTON — The U.S. Justice and Education departments have accused the University of California, Berkeley School of Law of unlawfully favoring Black applicants, opening a new front in the federal government’s campaign against race-conscious practices in higher education.
The allegation was presented to the university this week as an unresolved federal finding, not a court judgment. Berkeley Law denies using race in admissions and says its process complies with federal law and California’s long-standing prohibition on racial preferences at public universities.
According to Reuters, the federal agencies relied on 2025 admissions data and concluded that Black applicants had 5.8 times greater odds of admission than white applicants. The government argues that differences in grades, test scores and other qualifications do not explain the gap and alleges the school may be using subjective application materials to advance diversity goals.
Berkeley Law Dean Erwin Chemerinsky rejected that claim. He said race is not considered when the school evaluates applications and that optional demographic information is separated from admissions decision-makers. The university said it would provide evidence demonstrating compliance.
The dispute follows the U.S. Supreme Court’s June 2023 decisions involving Harvard University and the University of North Carolina. The court ruled that the schools’ race-conscious admissions programs violated constitutional or federal civil-rights protections. The decisions sharply limited the use of race in college admissions, while allowing institutions to consider an applicant’s account of how personal experiences—including experiences involving race—shaped the applicant’s character or abilities.
California public universities have also operated under Proposition 209 since voters approved it in 1996. The state constitutional provision bars public institutions from granting preferential treatment on the basis of race, sex, color, ethnicity or national origin in public education, employment and contracting.
The federal action carries particular significance for Black students because selective universities have long debated how to maintain racial diversity after legal limits on affirmative action. Supporters of race-neutral holistic review say schools can consider a student’s full background, financial circumstances and life experiences without assigning an advantage based on race. Critics argue that subjective criteria can conceal unlawful preferences, while civil-rights advocates warn that aggressive federal enforcement may discourage lawful outreach and efforts to remove barriers facing underrepresented students.
The Justice Department is seeking a voluntary resolution with Berkeley Law. Reuters reported that the administration could pursue legal action if the university and federal agencies do not reach an agreement.
No court has ruled that Berkeley Law discriminated, and the government’s statistical analysis will likely face scrutiny over how it accounts for the many academic and personal factors used in admissions. The university’s promised response may determine whether the dispute ends through negotiations or moves into litigation.
Sources: Reuters, Sept. 9, 2026; and San Francisco Chronicle, Sept. 10, 2026.
