‘No institution… is above the law’: Trump admin targets Harvard law review over alleged discrimination

The Trump administration started a joint investigation into Harvard University and its Law Review. The investigation accuses the journal of race-based discrimination in how it selects articles and members. The civil rights offices of the Department of Education and the Department of Health and Human Services are conducting the investigation. They are looking into possible violations of Title VI of the Civil Rights Act of 1964.

This law stops organizations that receive federal money from discriminating based on race, color, or national origin. The investigation began after the Washington Free Beacon published an article three days earlier, per The Crimson. That article included leaked memos and Slack messages. These messages suggested that the Law Review gave preference to non-white authors and applicants when choosing articles.

The communications reportedly showed that race was seen as a positive factor during the review process. Editors were also encouraged to think about “DEI factors” (diversity, equity, and inclusion). The government agencies directly pointed to this reporting as the reason for their investigation.

Harvard Law under investigation for discrimination based on race

According to ed.gov and ABC news, the administration claims that the Harvard Law Review’s article selection process “appears to pick winners and losers based on race.” They argue this could break Title VI by putting race ahead of merit. If Harvard is found guilty, the consequences could be serious.

The university might lose federal funding. This investigation is part of a larger conflict between the Trump administration and Harvard. Earlier in April, the administration froze more than $2.2 billion in federal funding for Harvard. This happened because the university refused to follow demands from an earlier review by an antisemitism task force. Harvard then sued to stop the funding freeze, saying the administration’s actions were illegal.

On top of this, the Internal Revenue Service is reportedly thinking about taking away Harvard’s tax-exempt status. The Harvard Law Review is run by students and operates independently from Harvard Law School. However, the investigation will look at how the two are connected. This includes financial ties, oversight procedures, and selection policies.

A Harvard University spokesperson said the university follows the law and will look into any possible violations. The spokesperson also noted that the Law Review is independent. The Law Review itself did not respond right away to requests for comment. This is not the first time the Law Review has faced these kinds of accusations. In 2018, a lawsuit claimed discrimination in article and membership selection, but a Massachusetts District Court dismissed the case.