A federal judge threw out the Justice Department's demand for Harvard's applicant-level admissions data, citing procedural missteps. The ruling leaves the core questions open, and the government can refile.
On November 2, U.S. District Judge Myong J. Joun in Boston dismissed the Justice Department's lawsuit against Harvard. The suit, filed in February, demanded five years of applicant-level undergraduate admissions data, plus records from Harvard's medical and law schools.
The government wanted the data to check whether Harvard still uses race in admissions after the Supreme Court's 2023 ruling. CNBC reported that Harvard won on procedural grounds.
Judge Joun found two problems. The complaint didn't allege that DOJ warned Harvard it would sue if the school didn't comply. And the Education Department skipped required steps before folding its own admissions probe into the case in May, per CNN and Bloomberg.
The ruling does not decide the underlying questions. The judge wrote that it doesn't determine whether Harvard discriminated, or whether the agencies may lawfully demand applicant-level data. "Those questions remain open," he wrote.
The government can refile if it takes the proper steps. An Education Department spokesperson said students "should be judged on their merit and accomplishments, not the color of their skin."
This is a win on paperwork, not on principle. Harvard didn't prove it admits students fairly, and DOJ didn't lose its right to ask. Expect a refiled case or a new demand letter rather than an end to the fight.
Nothing changes for your application. Harvard's process, deadlines and requirements are the same as last week. Don't read the ruling as a signal about your chances.
Admissions offices are still operating under heavy scrutiny. Write about how your background shaped you, with concrete experiences, since that is what the 2023 ruling permits. Applicants who do this well are on solid ground either way.
This is one more front in a broader push. We've covered DOJ's race-in-admissions cases at Duke Law and UCLA, and UNC's race-blind settlement. Schools that settle early, like UNC, get clarity. Schools that litigate, like Harvard, get delay.
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