Trump administration claims UC Berkeley law school discriminates against white, Asian applicants

The Trump administration on Wednesday accused UC Berkeley Law School of illegally discriminating against white and Asian applicants, the latest in a wave of such allegations it has leveled against graduate programs in California following a 2023 Supreme Court decision barring the consideration of race in college admissions.

A joint investigation of the Department of Justice and Department of Education cited questions on the law school’s application form and disparities in standardized test scores among demographic groups in arguing that the school’s admissions process is discriminatory.

It also accused law school dean Erwin Chemerinsky of intentionally seeking to circumvent the Supreme Court’s ruling in Students for Fair Education v. Harvard, citing his public statement that the school would “aggressively pursue” a diverse student body and faculty.

The finding illustrates the Trump administration’s broad interpretation of that case, in which the Supreme Court struck down affirmative action programs at Harvard University and the University of North Carolina that it said trafficked in stereotypes and negatively impacted Asian American applicants. The court ruled that universities could still consider applicants’ essays discussing how race affected their lives , “so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university.”

But in a letter Wednesday to an attorney representing UC Berkeley, Assistant Attorney General Harmeet Dhillon criticized the law school for using “essays as a backdoor to solicit applicants’ racial demographics.”

“The Department will continue to aggressively pursue compliance from schools who attempt to racially manipulate their student bodies in violation of federal law,” Dhillon said in a statement Wednesday.

Chemerinsky responded in a statement that the law school “scrupulously complies” with both federal law and California’s Proposition 209, which has banned the use of race in public college admissions since 1997.

“Our admissions policy is clear that race is not considered in any way in admissions decisions,” Chemerinsky said. “Proposition 209, federal statutes, and the Supreme Court’s decisions do not preclude schools from pursuing diversity so long as they give no preferences based on race. Berkeley Law does not do so.”

In the letter, Dhillon pointed to the “Personal Statement” section of the law school’s application. Along with prompting candidates to talk about their interest in a legal career, the section asks how their “perspective, experience, voice” will “contribute to diversity in our classrooms and community.” It names race along with gender identity, socioeconomic background, and geographic and ideological diversity as possible factors to discuss.

The letter also included data it said was obtained from the law school showing that, for the last five years, the median Law School Achievement Test scores for Black and Hispanic applicants trailed those of white and Asian applicants. The gaps identified in the letter were relatively small; in 2025, for example, median LSAT scores were 167 for Black admits, 170 for Hispanic admits, and 172 for both white and Asian admits — all likely putting applicants in the top 10% of test-takers, according to a Princeton Review estimate of how LSAT scores correlate with percentiles.

But Dhillon argued that the “consistent” gaps helped demonstrate “a strong intentional bias against Asian and white applicants, with a corresponding bias in favor of black applicants.” Taking into account both test scores and undergraduate GPA, Black applicants in 2024 and 2025 were much more likely to be admitted than white and Asian applicants with similar qualifications, the letter said.

The Justice Department’s use of test scores to assess discrimination comes as the University of California is considering reinstating the use of the SAT in undergraduate admissions , a move supported by many of the system’s STEM faculty as well as Republican elected officials .

Earlier this year, the department also accused UC Davis Medical School and UCLA’s David Geffen School of Medicine , along with more than a dozen other medical schools, of racial discrimination in their admissions processes.

The Justice Department is seeking a negotiated settlement with the university and will sue if it cannot reach one, the department said in a statement.

Berkeleyside partners with the nonprofit newsroom Open Campus on higher education coverage.

This story was originally published by Berkeleyside and distributed through a partnership with The Associated Press.