Federal agencies, including the Department of Education and the Department of Health and Human Services, have launched investigations into Harvard Law Review over allegations that its article selection process discriminates on the basis of race, effectively employing a spoils system that prioritizes the race of legal scholars over merit.

Federal civil rights offices from ED and HHS have launched investigations into Harvard Law Review and Harvard University over claims that the journal’s selection process for membership and article publication is influenced by race-based criteria rather than merit, potentially violating Title VI of the Civil Rights Act.

On April 28, 2025, the Trump administration announced investigations into Harvard Law Review's editorial practices after reports emerged that the journal prioritized article selection based on the race of submissions rather than solely on merit. The investigation is seen by critics as a politically motivated effort to curtail DEI initiatives at elite academic institutions.

Harvard Law Review published a detailed blog post critiquing the Supreme Court's decision in Thompson v. Hebdon. The post argues that by undermining contribution limits, the ruling risks reducing electoral competitiveness and deepening incumbent advantages, a trend that supports authoritarian tendencies by empowering established elites over democratic reforms.