What Happened
On September 9, 2026, the U.S. Justice Department and Department of Education announced investigative findings alleging that Berkeley Law discriminated on the basis of race in admissions. The departments said their analysis of applicant data showed racial differences they viewed as inconsistent with Title VI and the Supreme Court’s 2023 decision in Students for Fair Admissions.
Berkeley Law disputes those findings. Dean Erwin Chemerinsky said the school does not consider race in admissions decisions, complies with Proposition 209 and federal law, and uses a holistic admissions process that considers factors such as recommendations, personal statements and life experience.
Why It Matters
The dispute illustrates the unsettled boundaries of diversity efforts after SFFA. Law schools may pursue broad access and diversity goals, but they must do so within the legal limits that now govern race-conscious admissions. That puts greater attention on race-neutral pipeline strategies, including outreach, advising, mentoring, financial support and preparation well before an application is filed.
LexNoir View
The larger question extends beyond one admissions office. If law schools want broader access while complying with post-SFFA rules, the most durable work may need to happen earlier in the pipeline: who receives advising, who can afford test preparation, who has mentors, and who sees law school as a realistic option.
Sources
U.S. Department of Justice — Joint investigation findings
Berkeley Law — Dean’s response
Staging image: Berkeley campus photo by Georg Eiermann / Unsplash.