DOJ Finds Duke Law Violated Civil Rights Law Over Race Bias

The Justice Department's Civil Rights Division released its findings on Thursday, alleging that Duke Law's admissions practices for the 2023, 2024, and 2025 incoming classes intentionally discriminated against white and Asian applicants. The department said the school violated Title VI of the Civil Rights Act of 1964 and the Supreme Court's 2023 decision in Students for Fair Admissions v. Harvard, which prohibited race-conscious admissions in higher education.

According to the investigation, Duke Law revised its mission statement after the Supreme Court ruling to emphasize diversity of perspective and experience. Applicants were required to answer short essay questions about how they would contribute to that mission. Admissions reviewers were instructed to tag responses related to diversity and other characteristics, including Pell Grant eligibility, which the department said could serve as proxies for race. Although reviewers did not have access to applicants' racial demographic information, the tagging system allowed admissions staff to identify applicants in ways that furthered the school's diversity objectives.

The department cited admissions data showing racial disparities in acceptance rates. Black and Hispanic applicants were more likely to be admitted than white or Asian applicants with comparable academic credentials. During the 2024 and 2025 admissions cycles, the median LSAT score of rejected white and Asian applicants exceeded the median LSAT score of admitted Black applicants.

Assistant Attorney General Harmeet K. Dhillon said in a statement that Duke Law does not get a free pass to discriminate against white and Asian students simply because it thinks it has good intentions. She added that using diversity essay responses to identify applicants' race amounted to unlawful discrimination and that the department would continue enforcing the Supreme Court's ruling at colleges and universities.

The Justice Department said it will seek to bring Duke Law's admissions policies into compliance through settlement negotiations. If an agreement cannot be reached, the department is prepared to file a lawsuit against the school.