DURHAM, N.C. — The U.S. Department of Justice concluded that Duke University School of Law intentionally discriminated based on race in its admissions process over three admissions cycles. The department stated it will seek a settlement with Duke University or pursue legal action if an agreement cannot be reached.

This determination marks the first time the Department of Justice has found a law school to have violated the Supreme Court’s 2023 ban on considering race in college admissions decisions. The agency's Title VI compliance review identified intentional discrimination in the admissions processes for the classes of 2023, 2024, and 2025.

Federal investigators determined that the law school influenced admissions decisions through the use of essay tags and applicant characteristics correlated with race, such as whether an applicant was a first-generation college student. The Department of Justice cited internal documents as evidence of intent to discriminate, including a mission statement clause aiming to build a legal profession with a commitment to diversity of perspective and experience.

"Using ‘diversity’ essay questions to identify preferred races for admission is still illegal discrimination based on race," Assistant Attorney General for Civil Rights Harmeet Dhillon said in a news release. Dhillon added that highly qualified white, Asian, and other students were denied admission on the basis of their race.

The Department of Justice also cited guidance provided to application reviewers stating they may consider an applicant’s discussion of how race affected their life. "Duke Law School doesn’t get a free pass to discriminate against white and Asian students simply because it thinks it has good intentions," he said.

Data from 2024 showed that the median LSAT scores for admitted Black students were in the 84.2nd percentile, compared to the 95.1st percentile for Hispanic students, the 97.1st percentile for white students, and the 97.9th percentile for Asian students. A separate review of applicant-level data from 2025 indicated that a Black applicant was about 3.5 times as likely to be admitted compared to an Asian applicant with similar statistics.

Duke University stated in an emailed statement that it was reviewing the letter and is committed to following the law in a manner consistent with its academic mission. The university did not provide further details on potential changes to its admissions protocols.

Experts stated that statistical analyses of standardized tests are not sufficient to support a finding of discrimination. These experts noted that the letters lacked standard evidence such as interviews with admissions professionals.

The finding against Duke University School of Law represents an expansion of federal enforcement efforts following the Supreme Court's 2023 decision. The Department of Justice has previously announced findings of discrimination in four medical schools and opened investigations into at least 26 schools. This includes recent determinations that the medical schools at Yale University and the University of California, Los Angeles, illegally considered race in admissions.

Why It Matters

This determination marks the first time the Department of Justice has found a law school violated the Supreme Court's 2023 ban on considering race in admissions. The finding expands federal enforcement efforts that previously targeted four medical schools, including institutions at Yale and UCLA. By citing essay tags and internal mission statements as evidence of intent, the agency establishes a precedent for how it evaluates compliance across higher education. The department plans to seek a settlement or pursue legal action, setting a potential legal standard for future cases involving similar admissions protocols.