Trump administration alleges UC Berkeley law school favors Black applicants

The Trump administration alleged on Wednesday that UC Berkeley Law School practices illegal discrimination against white and Asian applicants, a claim part of a series of similar accusations the administration has made against graduate programs in California since a 2023 Supreme Court ruling. The court invalidated affirmative action programs at Harvard and the University of North Carolina, ruling that universities cannot consider race in admissions decisions.

A joint investigation by the Department of Justice and the Department of Education questioned UC Berkeley's application process, citing disparities in standardized test scores among different demographic groups. The law school's dean, Erwin Chemerinsky, was accused of intentionally violating the Supreme Court's decision by seeking a diverse student body and faculty through essays. The Justice Department accused Chemerinsky of using essays to solicit racial demographics, a practice the school denied.

The Department of Justice cited data showing that median LSAT scores for Black and Hispanic applicants lagged behind those of white and Asian applicants over the past five years. Despite this, Chemerinsky maintained that UC Berkeley Law School complies with federal law and California's Proposition 209, a 1997 ban on the use of race in public college admissions.

The Department of Justice's letter to UC Berkeley highlighted the "Personal Statement" section of the law school's application, which asks about the applicant's perspective, experience, voice, and how they will contribute to diversity in the classroom and community. The letter noted that race, along with gender identity, socioeconomic background, and geographic and ideological diversity, were possible factors for applicants to discuss.

Assistant Attorney General Harmeet Dhillon emphasized that the department will continue to enforce compliance from schools that attempt to racially manipulate their student bodies, describing the practice as a violation of federal law. Chemerinsky countered that the law school's admissions policy does not consider race in any way, and that Proposition 209, federal statutes, and the Supreme Court decisions do not preclude schools from seeking diversity as long as they do not give racial preferences in admissions.