Why It Matters
The Justice Department’s civil rights investigation into Duke University School of Law marks the Trump administration’s first major enforcement action against a law school over admissions practices following the 2023 Supreme Court decision that banned race-conscious admissions at colleges and universities nationwide. The case tests whether institutions are effectively complying with the ruling or circumventing it through alternative mechanisms.
What Happened
The Justice Department accused Duke Law of maintaining race-based admissions practices that favor Black and Hispanic applicants over White and Asian applicants with comparable academic credentials, according to a complaint filed by the Civil Rights Division. The investigation began in April 2025, roughly two years after the Supreme Court ruled in Students for Fair Admissions v. Harvard that considering race in college admissions violates the Constitution.
The department’s complaint alleges that Duke Law used admissions guidance allowing officials to consider applicants’ written discussions of how race affected their lives. Under this framework, applicants could provide race-related narratives in short-answer essays, which admissions staff could flag to provide context for weaker academic performance. The Justice Department contends this mechanism effectively preserves race-based decision-making despite the Supreme Court ruling.
A Duke Law annual review released in May 2024 highlighted the diversity of the incoming fall 2023 class, the department noted. Additionally, a 2025 memorandum suggested the law school could assess student body diversity by observing students on campus rather than relying on formal statistical compilation—an approach the Justice Department views as obscuring the role of race in admissions decisions.
Duke University stated in response that it is reviewing the Justice Department’s letter and remains committed to complying with applicable law, according to a university spokesperson.
By the Numbers
3.5 times — the ratio of admission likelihood for Black applicants versus Asian applicants with identical academic credentials in 2025
April 2025 — when the Civil Rights Division initiated its investigation into Duke Law
2023 — the year the Supreme Court prohibited race-conscious admissions in Students for Fair Admissions v. Harvard
Zoom Out
The Duke investigation signals a broader federal shift in enforcement against higher education institutions on admissions policy. The Supreme Court’s 2023 decision eliminated affirmative action programs across American colleges and universities, declaring that race-based preferences violate the Equal Protection Clause. However, institutions have continued to grapple with how to maintain campus diversity within constitutional bounds, and civil rights advocates and enforcement officials disagree on whether essay prompts and contextual reviews constitute de facto racial preferences.
The Trump administration has signaled it will aggressively pursue cases alleging violations of the Supreme Court’s decision. Assistant Attorney General Harmeet Dhillon, who leads the Civil Rights Division, stated: “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,” according to the Justice Department’s complaint, as first reported by the Fox News.
What’s Next
Duke Law has not indicated whether it will challenge the Justice Department’s findings or modify its admissions practices. The outcome of this case could establish precedent for how federal authorities interpret and enforce the Supreme Court’s ban on race-based admissions, affecting institutional guidance nationwide. Similar complaints may follow at other universities and professional schools.