
The Trump administration has initiated two investigations into Harvard University and the Harvard Law Review regarding allegations of race influencing editorial decisions at the legal publication.
The civil rights offices of the departments of Education and Health and Human Services have commenced these investigations in response to reports of race-based discrimination within the operations of the journal.
Concerns of Race-Based Discrimination
Information received by the offices raised concerns about policies and practices related to journal membership and article selection that could potentially violate Title VI, a regulation prohibiting race-based discrimination. Education Secretary Linda McMahon highlighted a social media thread and an investigation by the Free Beacon.
Acting Assistant Secretary for Civil Rights at the Education Department, Craig Trainor, expressed apprehension about the Harvard Law Review’s article selection process, suggesting that race plays a significant role in determining acceptance, sometimes overshadowing the quality of submissions. Trainor emphasized that no institution, regardless of its reputation, is exempt from the law.
Investigation Scope
The ongoing investigations are delving into various aspects of Harvard’s association with the Harvard Law Review, an entity run by students independently of Harvard Law School. Student editors hold decision-making authority, and membership comprises second- and third-year Harvard Law students.
The Trump administration’s scrutiny includes examining financial connections, oversight protocols, selection criteria, and related documentation concerning both membership and article publication at the journal.
Educational Equality
The administration’s stance underscores the importance of merit-based opportunities and opposes the allocation of benefits or recognition based on race. Such practices, it argues, can deprive deserving students of rightful educational prospects, a stance particularly critical for institutions receiving federal funding.
As the investigations progress, the implications of these allegations and the responses from Harvard Law Review will be closely monitored for transparency and adherence to anti-discrimination laws.