Big Law is complaining about the Shelby opinion. The complaint? They won’t have easy pro bono cases to pursue and market.
“The decision leaves hanging some of the most notable pro bono victories large law firms won last year, especially those that relied heavily on the “preclearance” mechanism of section 5. Lawyers from firms including Arnold & Porter; Dechert; Fried, Frank, Harris, Shriver & Jacobson; and Sullivan & Cromwell donated thousands of hours of time…”
Here’s an idea – go find a win a Section 2 case. It’s telling they mostly want to bring pro bono cases where the burden has shifted against the state under Section 5. Perhaps they can pick up the slack where the DOJ has dropped the ball – finding and winning Section 2 cases. Somehow I doubt Big Law will be quite as successful in a complicated Section 2 case than they are swatting away flies in a burden shifted Section 5 case. It won’t look quite as good to the marketing department at the big law firm.