This is a pattern with Eric Holder’s Justice Department. Unlike the Bush Civil Rights Division, the Holder Voting Section seems adverse to actual work litigating cases under Section 2 of the Voting Rights Act. Instead, they like to appear where and when they don’t have to work. It hasn’t always felt that way.”
The latest example is the Ninth Circuit argument in Wandering Medicine v. McCulloch. Indian Country Today misses this circumstance in praising DOJ in this piece:
“When Erin Flynn introduced herself, I was thrilled,” said Blackfeet tribal member Tom Rodgers, an advocate for Native Americans and whistleblower in the Jack Abramoff scandal. “The United States is on our side.”
The irony was lost on the writer. The big question is why didn’t the Justice Department Voting Section file a Section 2 case when it could have, and instead decided to appear only on appeal as amicus? The plaintiffs lost the case below, and DOJ was nowhere to be seen.
But when it comes time to file an appeal, DOJ joins in, and writes a single brief, and flies to arguments. That’s doing things the easy way. That’s doing things for PR purposes, and not to win hard litigation.
Maybe Stephanie Woodward can ask the tough questions of DOJ next time. Namely: why so late to the game? Why didn’t you sue in the first place?