Supreme Court refuses to lift limits on UC Berkeley’s enrollment

The state Supreme Court on Thursday rejected the University of California's bid for a stay of a lower court ruling that will limit the number of students UC Berkeley can enroll in the fall semester.

Justice Goodwin H. Liu and Joshua P. Groban dissented from the court's decision upholding a 1st District Court of Appeal's decision denying the stay.

"As things stand today, approximately 3,050 students may lose the opportunity to attend one of our state's premier universities this fall," Liu wrote. "Because of the statewide importance of the issues presented, I would grant the university's petition for review and its request for a stay of the enrollment cap during the pendency of our review."

Liu called for the university and a neighborhood group to mediate the dispute. Save Berkeley's Neighborhoods v. Regents of the University of California, S273160 (Cal., filed Feb. 14, 2022).

"Indeed, given the stakes on all sides, it is hard to think of a case where a negotiated settlement seems more imperative for the good of the local community and our state," he wrote.

The high-profile battle pitted the neighborhood group against the university in a California Environmental Quality Act case.

Critics of the neighborhood group lambasted them as rich NIMBYs who are denying thousands of potential UC Berkeley students admission, while Save Berkeley's Neighborhoods leader Phil Bokovoy accused the university of using the students as "pawns" while refusing to build enough housing to accommodate its plans for rapid expansion.

"This is about UC Berkeley trying to avoid its legally binding obligations to provide housing," Bokovoy said in a phone interview.

In the short term, the ruling is bad news for UC Berkeley applicants. The university has said it will be forced to turn down admission offers to 5,000 incoming freshmen and transfer students. (Many admitted students decide to go to other universities.)

"This is devastating news for the thousands of students who have worked so hard for and have earned a seat in our fall 2022 class," Dan Mogulof, UC Berkeley's assistant vice chancellor for external communications, wrote in a statement.

Alameda County Superior Court Judge Brad Seligman ordered the university in August to freeze UC Berkeley's enrollment at 2020-21 levels until a supplemental environmental review is completed. The university appealed the decision, and sought a stay in late January.

A 1st District Court of Appeal panel rejected the university's bid for a stay in late January. Justice James P. Humes cited the late filing in rejecting the university's bid for a stay.

The state Supreme Court's rejection of the stay does not mean the university will lose its underlying appeal. A university filing is due next week, and the neighborhood group's reply is due May 6.

But the timetable works against the university, at least for this year's applicants. UC Berkeley is due to offer admissions to freshman students later this month and to transfer students in April.

Mogulof wrote that the university will try to increase online enrollment while asking many admitted students to delay starting classes until January. UC Berkeley has in recent years offered to have some admitted students start on campus in the spring semester.

"We will also prioritize California residents for fall in-person undergraduate enrollment, as well as our commitment to transfer students," he added.

Gov. Gavin Newsom filed a brief in favor of the university, as did the city of Berkeley, which settled its dispute with the university last year for $82 million over the next 16 years to cover the city's costs for fire and other services.

Mogulof wrote that the university would push for legislation to address the court ruling. Bokovoy, however, said he wasn't sure what the Legislature could do.

UC Berkeley houses a lower percentage of its students than any other UC school, which has been a source of tension between the university and the city over the years.