How to Write a College Essay After the DOJ’s UCLA Law Finding: What Applicants and Parents Should Know About Holistic Admissions
The Justice Department says UCLA’s law school used race in admissions and points to personal statements as one way that can happen. Here is what it means for your Common App essay, your college application strategy, and your testing plan.
By Dr. Nathan Hurwitz · Hurwitz Consulting · October 9, 2026
QUICK ANSWERS
Can I still write about my race or background in my college essay? Yes, if you tie it to something you did or a quality you showed. The legal line has not moved since the Supreme Court’s 2023 affirmative action decision.
What makes a strong college essay? A specific scene, a real decision, and what it shows about you, not a label.
Is this a court ruling? No. It is a Justice Department finding that UCLA disputes.
Few parts of college applications cause more anxiety than the college essay, also called the personal statement or Common App essay. A new Justice Department finding about UCLA’s law school has added a fresh question: after the Supreme Court’s 2023 affirmative action decision, can my child still write about who they are? The short answer is yes.
The longer answer is about how to do it well, and why the best college essay advice has not really changed. Below we explain what DOJ found, how holistic admissions works, what we know and don’t know, and how to write a stronger college application essay.
What did the Justice Department find at UCLA Law?
On Oct. 1, the Justice Department announced a finding that UCLA’s law school discriminated against white and Asian applicants and favored Black and Latino applicants in the 2023, 2024, and 2025 admissions cycles, in violation of federal law. DOJ has made similar accusations against UC Berkeley’s law school and the medical schools at UCLA and UC San Diego. Harmeet Dhillon, who leads the Civil Rights Division, called it a “two-tiered admissions system.”
UCLA disputes the finding. It says its review process is comprehensive and merit-based. Importantly, this is a DOJ finding, not a court ruling. No judge has decided the question.
Figure 1. The Justice Department’s list of University of California programs. These are findings and accusations; no court has ruled.
What does the Supreme Court’s 2023 affirmative action decision allow in college essays?
In 2023, the Supreme Court ended race-conscious admissions. Colleges can no longer use race itself as a plus or a minus. But the Court left room for something narrower: a college may consider an applicant’s own account of how race has affected their life, as long as it is tied to a specific quality of character or ability that the applicant demonstrated.
That distinction, between reading about a person’s experience and treating a category as a credit, is the line everyone is now arguing about.
Figure 2. A general-information summary of where the legal line sits. This is not legal advice.
Why does DOJ point to personal statements and “proxies” in admissions?
DOJ argues that colleges can use personal statements and other “proxies” to weigh race, even without a checkbox. It also cited a gap in average LSAT scores between admitted Black and white applicants as part of its case. In plain terms, DOJ’s theory is that if the essay becomes a stand-in for race, the outcome can be the same as if race were scored directly.
We are not saying colleges are doing this. DOJ says UCLA did, and UCLA disputes it. What matters for families is that enforcement attention is now on how essays are read and weighed, not just on whether a box exists.
What does this mean for college applicants and the Common App essay? (Our analysis)
The same legal line governs undergraduate admissions, which is why this case is worth watching even if your child never plans to attend law school.
Here is our expectation, offered as analysis rather than fact: admissions offices are likely to become more careful about how they train readers and word essay prompts. That is a reasonable guess, not a certainty.
What should not change is your student’s freedom to write honestly about their life. If a background or experience shaped your child in a concrete way, they can write about it. The key is to make the essay about what they did, what they learned, and what it cost them, not about a label.
Figure 3. The same background can produce a flat essay or a memorable one. Examples are illustrative, written by Higher Ed Insider.
Do SAT and ACT scores still matter? Test-optional policies and your testing plan
DOJ highlighted a score gap in this case, which is a reminder that numbers are often the easiest part of an application for outsiders to measure. That does not mean scores decide admissions. It means your testing plan should be deliberate. Check each college’s current testing policy, understand where your child’s scores fall in the school’s published ranges, and decide on purpose whether to submit scores where optional.
The strongest arguments on each side
Supporters of DOJ’s approach say the 2023 ruling has to be enforced in practice, including against proxies; that clear, record-based criteria are fairer to every applicant; and that scrutiny may push schools toward more transparent admissions data.
UCLA and its defenders say holistic review is lawful and merit-based, that findings are not court judgments and questions of proof remain open, and that critics worry broad readings could chill the individual-experience consideration the Court expressly allowed.
DR. HURWITZ’S TAKE
Whatever you think of the legal fight, the lesson for applicants is the same: the essay that works is specific, personal, and concrete (what you did, what you learned, what it cost you), not a demographic label. Schools may read about your lived experience; they may not treat your category as a credit, and writing to a perceived formula tends to produce flat essays anyway. Keep your testing plan intentional too: DOJ cited a score gap here, a reminder that numbers are the easiest thing for regulators to measure. My read is that admissions offices will get more cautious about how they train readers and word prompts, so build your essay around the one story only your child can tell.
Dos and Don’ts
Do
• Tell a specific story with a scene, a decision, and a result.
• If your background shaped you, connect it to something you did or a quality you showed.
• Write in your own voice, and keep the draft recognizably yours.
• Ask a teacher or counselor for feedback on clarity and detail, not on how to fit a formula.
• Make a deliberate testing plan and check each school’s current policy.
Don’t
• Don’t write about identity as a label alone. “As a member of…” rarely persuades.
• Don’t write what you think readers want to hear. Readers can tell.
• Don’t let anyone else write or heavily rewrite your essay.
• Don’t assume you must avoid your background. The law still allows you to tell your own story.
• Don’t leave the essay for the last week.
Your Action Steps (and Why Each One Matters)
1. List three real moments before you draft: a scene, a decision, and a result.
Why: Concrete moments are what make essays memorable. Brainstorming moments instead of themes steers your student away from generic topics and toward details only they could provide.
2. Draft one scene in about 250 words.
Why: Writing a single scene forces specifics: who was there, what was said, what changed. It is easier to build an essay out of a strong scene than to add vividness to an abstract draft.
3. Tie any background or identity to a quality your student demonstrated.
Why: That connection is exactly where the legal line sits, and it is also what readers reward. It turns “this is who I am” into “this is what I did and what it shows.”
4. Read each college’s admissions-review policy and Common Data Set.
Why: Section C7 of the Common Data Set shows how much weight colleges say they give each factor. Knowing that helps you allocate effort between essays, testing, and activities.
5. Make a deliberate testing plan.
Why: Policies differ by school and can change. A plan made on purpose, rather than by default, avoids last-minute scrambling and ensures you submit scores only where they help.
6. Set essay deadlines backward from Nov. 1.
Why: A complete first draft within the next week to ten days leaves time for feedback and revision before early deadlines. Good essays are rewritten, not just written.
What We Don’t Know Yet
• Whether UCLA will reach a voluntary resolution with DOJ or whether the matter will go to court.
• Whether DOJ will bring similar findings against undergraduate programs.
• How, if at all, colleges will change essay prompts or reader training in response.
Frequently Asked Questions
Can I still write about my race, ethnicity, or background in my college essay?
In general, yes. After the 2023 Supreme Court decision, colleges cannot use race itself as a factor, but they may consider an applicant’s own account of how experiences shaped them, as long as it is tied to a quality of character or ability the applicant demonstrated. This is general information, not legal advice.
What colleges look for in a college essay: what makes a strong personal statement?
Colleges generally look for your own voice, specific detail, honest reflection, and evidence of qualities such as curiosity, resilience, or leadership. A specific scene almost always beats a general statement.
How long should the Common App essay be?
The Common App personal essay has a length range of 250 to 650 words. Other applications and supplements set their own limits, so check each one.
What is holistic admissions?
Holistic admissions means readers consider the whole application, including grades, course rigor, test scores where submitted, activities, recommendations, and essays, rather than relying on a formula.
When should I start my college essay?
Ideally by early fall of senior year, or the summer before. If you are applying Early Action or Early Decision with deadlines around Nov. 1, aim for a complete first draft within the next week to ten days so there is time for feedback.
Should I submit SAT or ACT scores if a college is test-optional?
It depends on the college and your scores. Check the school’s current policy, compare your scores with its published ranges, and decide on purpose rather than by default.
Is the UCLA Law finding a court ruling?
No. It is a Justice Department finding, and UCLA disputes it. No court has ruled, and the DOJ’s options include a voluntary resolution or a lawsuit.
THE BOTTOM LINE
The legal line has not moved since 2023, but the scrutiny has sharpened. Your student’s best response is not to avoid their story; it is to tell it with specificity, honesty, and a clear connection to what they did and learned.
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Questions? hurwitzadmissions.com · nathan@hurwitzadmissions.com · (203) 613-9262
Sources
This post is general information, not legal or financial advice. Allegations and proposals are labeled as such; check primary sources for the latest.
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