Independent newsroom

Thursday, September 10, 2026

The File

Every claim traces to a primary source. Uncertainty is labeled. Corrections are public.

Civil rights · Thursday, September 10, 2026

Justice and Education find Berkeley Law used race in admissions

The File desk · Sep. 10, 2026, 10:10 a.m. ET

Confirmed1 primary sources

Status

Confirmed from a Justice Department Office of Public Affairs release dated Sept. 9, 2026. These are investigative findings. No court judgment is in the release.
The Justice Department and the Education Department say Berkeley Law used race in admissions. On Sept. 9 they announced joint findings that the University of California, Berkeley School of Law deliberately discriminates against white and Asian applicants. They say that violates and , the 2023 Supreme Court decision. Data they cite: in 2024 and 2025 combined, half of admitted Black applicants had LSAT scores below 95 percent of admitted white applicants. In 2025, they say, Black applicants had 5.8 times the odds of admission of comparable white applicants. Settlement talks come next, then a possible lawsuit.
The Justice Department and the Education Department say Berkeley Law used race in admissions.
On Sept. 9 they announced joint findings that the University of California, Berkeley School of Law “deliberately discriminates against white and Asian students in its admissions process.”
They say that violates and , the 2023 Supreme Court decision that barred race-conscious college admissions.
The departments say that in 2024 and 2025 combined, half of Berkeley Law’s admitted Black applicants had LSAT scores below 95 percent of the admitted white applicants, and that more than a third had scores below 99 percent of admitted white applicants. Their analysis, they say, found that in 2025 Black applicants had 5.8 times higher odds of admission than comparable white applicants.
The release says the department will try to settle. If that fails, it will file suit. These are findings, not a court ruling.
How we know

What is still unknown or disputed

  • No settlement text or complaint is in this announcement. Berkeley Law’s written response was not fetched in this pass.

Primary sources

Every claim in this story is drawn from the documents below. If a fetch failed, that is recorded on the card.

  1. Source 1

    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

    U.S. Department of Justice, Office of Public Affairs · September 9, 2026

    Findings that Berkeley Law deliberately discriminates against white and Asian students, violating and (2023). Combined 2024–25: half of admitted Black applicants had LSATs below 95% of admitted white applicants. 2025: Black applicants 5.8 times higher odds than comparable white applicants. Settlement then possible suit.

    https://www.justice.gov/opa/pr/joint-investigation-us-justice-department-and-us-department-education-finds-uc-berkeley-law