DOJ Finds Duke Law School Discriminated Based on Race in Admissions
The U.S. Department of Justice announced on August 6, 2026, that its Civil Rights Division has found Duke University School of Law intentionally discriminated on the basis of race in admissions for its incoming classes of 2023, 2024, and 2025.
The department concluded that the law school’s practices violated Title VI of the Civil Rights Act of 1964 and the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA), which prohibited race-based discrimination in higher education admissions.
What Happened
Following a compliance review, the Justice Department determined that Duke Law continued to engage in intentional race discrimination after the SFFA ruling. Investigators reviewed the school’s internal documents, policies, communications, and admissions data.
According to the department, post-SFFA Duke Law emphasized racial diversity and made a deliberate effort to preserve race-based outcomes. The school revised its mission statement to highlight goals including a “diversity of perspective and experience.” It also used application essay questions that invited discussion of how race affected an applicant’s life and elevated factors the department described as race-related proxies, such as Pell Grant status or first-generation college status.
Statistical analysis by the department found that Black and Hispanic applicants had a substantially higher likelihood of admission than white or Asian applicants with similar academic credentials. In 2024 and 2025, the median LSAT scores of rejected white and Asian applicants exceeded the median LSAT scores of admitted Black applicants. One analysis cited in the findings indicated that in 2025 a Black applicant was roughly 3.5 times more likely to be admitted than an Asian applicant with comparable credentials.
Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division stated: “Duke Law School doesn’t get a free pass to discriminate against white and Asian students simply because it thinks it has good intentions. Using ‘diversity’ essay questions to identify preferred races for admission is still illegal discrimination based on race, and this Department is committed to eliminating it everywhere we find it, including in our nation’s law schools.”
Key Details
- The findings cover the law school’s admissions for the classes that entered in 2023, 2024, and 2025.
- The department cited internal communications and policy documents as evidence of intent to maintain racial outcomes despite the Supreme Court ruling.
- Duke Law is ranked among the top law schools nationally (commonly in the T14).
- The Justice Department is seeking a voluntary resolution agreement to bring the school’s admissions practices into compliance. If negotiations fail, the department indicated it may pursue litigation.
- Duke University stated it is reviewing the letter and remains committed to complying with the law in a manner consistent with its academic mission.
Why It Matters
The SFFA decision in 2023 ended the explicit use of race as a factor in college and university admissions. Federal enforcement has focused on whether institutions continue to achieve similar racial outcomes through alternative means, such as essay prompts or socioeconomic proxies that correlate strongly with race. The Duke Law findings form part of a broader series of Justice Department actions examining admissions practices at selective professional schools.
For applicants, the ruling and subsequent enforcement efforts aim to ensure that admissions decisions do not treat individuals differently because of race. Law schools, which train future lawyers and judges, face particular scrutiny under Title VI because they receive federal funds.
Official Response
The Justice Department notified Duke’s outside counsel of its findings in a letter dated August 6, 2026, and publicly released a summary of the conclusions. It invited the university to negotiate a voluntary compliance agreement.
Duke University has said it is reviewing the findings. A university spokesperson indicated the institution is committed to legal compliance while pursuing its academic mission. No detailed public rebuttal of the specific statistical or documentary findings was immediately available in initial coverage.
What Happens Next
The Justice Department and Duke are expected to discuss a voluntary resolution. Failure to reach an agreement could lead to a federal lawsuit seeking injunctive relief to end the alleged discriminatory practices. Other selective universities and professional schools remain under similar scrutiny as the department continues compliance reviews.
What Readers Should Know
Title VI prohibits discrimination on the basis of race, color, or national origin in programs receiving federal financial assistance. The Supreme Court’s SFFA decision held that race-based admissions preferences violate the Equal Protection Clause and Title VI. Schools may still consider an applicant’s discussion of how race affected their life, but the Court cautioned against using such essays as a means to continue racial balancing. Applicants who believe they faced discrimination may file complaints with the Department of Education’s Office for Civil Rights or pursue private litigation in some circumstances.
Conclusion
The Justice Department has formally found that Duke University School of Law engaged in intentional racial discrimination in admissions for three consecutive entering classes after the Supreme Court banned race-conscious admissions. The department is seeking a voluntary agreement to end the practices; litigation remains possible if negotiations fail. The case illustrates ongoing federal efforts to enforce the SFFA decision in professional school admissions.
