Duke Law’s alleged race-based admissions accused of defying Supreme Court ruling: DOJ
The US Justice Department has accused Duke University School of Law of unlawfully considering race in admissions, alleging that Black and Hispanic applicants were favoured over similarly qualified White and Asian candidates. The finding forms part of the Trump administration’s wider scrutiny of university admissions following the Supreme Court’s 2023 ban on race-conscious admissions policies.
The department said Duke used factors including personal essays and first-generation status as proxies for race, and claimed that rejected White and Asian applicants had higher median LSAT scores than admitted Black applicants in 2024 and 2025. Duke said it was reviewing the letter and remained committed to complying with the law; the Justice Department is seeking a settlement.
In short
- DOJ alleges Duke Law used race in admissions.
- Duke says it is reviewing the findings.
- The department seeks a settlement.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The Justice Department's position rests on the Supreme Court's clear 2023 ruling that race-conscious admissions violate the Constitution. Universities must comply with this legal precedent, which prohibits weighing race as a factor in admissions decisions. When median LSAT scores and other objective qualifications differ significantly between racial groups in admitted cohorts, and universities employ subjective factors like personal essays that could serve as proxies for race, this suggests race is being consciously or unconsciously considered in violation of the law.
The case against
Universities have a legitimate interest in reviewing applications holistically and considering applicants' lived experiences, including any adversity they have faced; an applicant choosing to write about their own experiences with racial discrimination does not violate the Supreme Court's ruling. First-generation status and other socioeconomic factors are race-neutral but legitimate diversity measures. Differences in median test scores alone do not prove unlawful discrimination, as law schools consider numerous qualifications beyond standardised test scores, and the Court's ruling permits consideration of individual applicant narratives without consciously weighting race as a categorical factor.
Explained simply
Duke University is a private university in North Carolina, and its law school selects applicants using academic records and other parts of their applications. US universities have long debated whether and how race may be considered in admissions, including as a way to address the effects of past discrimination.
In 2023, the US Supreme Court ruled that universities could not use race directly as a factor in admissions under the programmes it considered. The ruling still allows applicants to describe how race has shaped their lives, but admissions decisions must be based on each person’s individual experiences rather than race itself.
The Justice Department enforces federal civil rights laws and is examining how universities apply the ruling. Duke says it is reviewing the department’s concerns; the dispute matters because it could affect how universities assess applications and interpret the limits set by the court.