DOJ accuses Duke Law of racial discrimination against white, Asian applicants

Administration DOJ accuses Duke Law of racial discrimination against white, Asian applicants Comments: by Finya Swai - 08/06/26 7:20 PM ET Comments: Link copied by Finya Swai - 08/06/26 7:20 PM ET Comments: Link copied

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The Justice Department (DOJ) concluded an investigation into Duke University School of Law, determining the school unlawfully discriminated against white and Asian applicants in admissions for three past incoming classes.

In a findings letter released Thursday, the department’s Civil Rights Division said Duke Law took racial diversity into consideration when admitting students to its 2023, 2024 and 2025 classes, violating the 2023 Supreme Court ruling that severely limited the use of race in college admissions.

“Duke Law School doesn’t get a free pass to discriminate against white and Asian students simply because it thinks it has good intentions,” Assistant Attorney General Harmeet K. Dhillon said in a statement. “Using ‘diversity’ essay questions to identify preferred races for admission is still illegal discrimination based on race.”

The DOJ plans to seek a voluntary settlement with the university to bring its admissions practices into compliance with federal law. If negotiations fail, the department said it’s prepared to sue.

“Today, the Department of Justice’s Civil Rights Division issued a letter of findings related to Duke Law’s admissions practices. We are reviewing the letter and its conclusions carefully,” the school said in a statement to The Hill. “Duke is committed to complying with the law and will continue to do so in a manner that is consistent with our academic mission.”

Admissions data for Duke Law showed Black applicants in the 2025 admissions cycle had roughly 3.5 times the probability of admission as similarly qualified Asian applicants with comparable academic credentials, according to the DOJ. The department also said that, in both 2024 and 2025, the median LSAT scores of denied white and Asian applicants exceeded those of admitted Black applicants.

The department also alleged Duke Law revised its admissions policies and mission statement following the Supreme Court ruling to engage “in a deliberate effort to preserve race-based outcomes” in its incoming classes.

Admissions reviewers were reportedly instructed to tag applicants’ essay responses that discussed diversity, while also highlighting other characteristics such as first-generation college status and Pell Grant eligibility — which officials said could serve as “proxies” for race.

The department alleged Duke Law’s practices allowed admissions officials to pursue racial diversity goals despite the school’s policy prohibiting reviewers’ access to information on an applicant’s race.

The findings letter also cited internal emails that the DOJ said showed Duke Law sought to preserve race-conscious admissions. One admissions official wrote in a 2023 email that he did not want people to think the school “didn’t work harder” if an incoming class was less diverse.

Other internal communications described “DEI” as one of the school’s “most important values” and said it planned to “work really hard” to recruit “a racially diverse class.”

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