The Harvard Law Review’s “holistic review” process has come under federal investigation for allegedly prioritizing race over merit in editor selection, raising concerns about compliance with civil rights laws.
In April 2025, the Trump administration launched Title VI investigations into the Harvard Law Review, citing reports that its editorial selection process favored race and identity over qualifications. The Department of Education and the Department of Health and Human Services are examining whether the journal’s practices violate federal civil rights laws for institutions receiving federal funding.
Half of the Law Review’s editors are chosen by a “holistic review committee” that, according to a 2021 resolution, made the inclusion of “underrepresented groups”—defined to include race, gender identity, and sexual orientation—its “first priority.”
In response to the investigation, the Law Review published a factsheet on May 27, claiming that such resolutions are “not binding” and stating that the journal “may not consider race or any other protected characteristic for its own sake.”
However, internal documents and interviews with current and former editors suggest that the policy quoted in the factsheet was unfamiliar to them and may have been implemented recently to shield the journal from liability.
As recently as May 4, the Law Review’s online application packet encouraged applicants to disclose their race via a personal essay, stating that the journal considers “all available information,” including “racial or ethnic identity,” to select editors from “a diverse set of backgrounds.”
The Trump administration has already cut $550 million in federal funding to Harvard over the Law Review’s practices, separate from other funding freezes imposed on the university. The administration emphasizes that academic opportunities should be merit-based and not influenced by race.
One current editor, when asked about the newly quoted policy, stated, “That was the first time I’d seen it.” Another editor expressed skepticism, saying, “Frankly I don’t believe them.”
