CAMBRIDGE, Mass. — Federal investigations were launched on Monday into allegations of racial and gender discrimination concerning article selection and membership processes at Harvard and the Harvard Law Review. The probes, initiated by the civil rights offices of the Department of Education and the Department of Health and Human Services, aim to determine whether the esteemed institutions violated Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race.
The scrutiny follows a report from the Washington Free Beacon, which alleged that the Harvard Law Review favored nonwhite applicants and authors in its selection process. The publication referenced leaked internal communications that suggested editors consider “DEI factors”—short for diversity, equity, and inclusion—when reviewing submissions. This report triggered concern among government officials regarding the integrity of the Law Review’s article selection standards.
HHS Acting Assistant Secretary for Civil Rights Craig W. Trainor stated in a joint announcement on the investigations that there were significant indications of a biased selection process, suggesting that race could be prioritized over the merit of the scholarly work. The government intervenes under Title VI, allowing it to cut federal funding to any institution engaged in racial discrimination—a legal avenue that has gained traction, particularly among conservative factions seeking accountability from Harvard.
The investigation is not Harvard University’s first encounter with claims of discrimination or federal funding repercussions. During the previous Trump administration, the university faced threats of losing over $2.2 billion in federal assistance due to accusations of anti-Semitism and noncompliance with civil rights laws.
Despite the Law Review’s status as a student-run publication independent from Harvard Law School, investigators will explore their operational connections, including funding relationships and oversight policies. Anthony F. Archeval, the acting director at HHS’ Office for Civil Rights, emphasized that equality in academic opportunities should be grounded in merit rather than racial identity.
In response to the ongoing inquiries, Jeff Neal, a spokesperson for Harvard Law School, reiterated the Law Review’s independence and affirmed the Law School’s commitment to upholding adherence to all relevant laws. He also highlighted a previous lawsuit from 2018 which accused the Law Review of similar discriminatory practices, although that case was dismissed by a federal court.
The allegations have captured widespread public attention, even drawing remarks from notable figures including Elon Musk, who shared the Free Beacon article on social media. Following the publication, first-year students at Harvard Law School received two contrasting emails: one threatened a lawsuit regarding the Law Review’s practices, while the other suggested potential applicants adopt racially or sexually diverse identities to enhance their chances of acceptance.
Harvard Law School Dean of Students Stephen L. Ball condemned these communications, labeling them “disturbing” and “hateful.” As investigations proceed, the broader implications of these allegations on academic integrity and equal opportunity in higher education continue to unfold, prompting critical discussions about the intersection of race, merit, and institutional policy.