Big Blow to DOJ: District Court Fast-Tracks Challenge to Federal Oversight of Elections
Today, D.C. District Court Justice John Bates dealt a blow to the Holder Justice Department by fast-tracking a constitutional challenge to Section 5 of the Voting Rights Act.
I had previously written that the Justice Department requested nine months of factual discovery. I also reported that the DOJ made courtroom arguments that may be untrue. Today, Judge Bates rejected the DOJ positions entirely, calling it “absurd” to pursue extensive discovery.
Section 5 of the Voting Rights Act requires mostly southern states to obtain federal government approval of any change involving voting or elections. Merely moving a polling place from a school gym to a fire hall requires Washington’s approval. Increasing or decreasing the number of voter registration offices, or their hours of operation, also requires pre-clearance. The Supreme Court almost overturned the law a few years ago, saying the requirement may be constitutionally defective, but held off the ultimate decision for another day.
Judge Bates’ decision brings that day much closer. He rejected the DOJ’s request to delay the matter to conduct nine months of expensive discovery.
As they have in other potential challenges, in this case the DOJ thought they could dig up the body of Bull Connor and explain that the sins of the past justify the regulation of the present. They relished the prospect of a parade of evidence showing little change in the South. They couldn’t wait to remind the court that not long ago, blacks could not easily register to vote.
The problem is that “not long ago” is approaching a half-century.
Of course, a great deal has changed in the South. Whether it has changed enough will be the question that at least five justices on the Supreme Court may answer in the affirmative very soon. Bates ruled that the Department is bound by the congressional record from the 2006 reauthorization of Section 5.
This is a nightmare for the Department. Why? First of all, liberal law professors have written that the 2006 Congressional record simply isn’t robust enough to withstand a constitutional challenge to Section 5.
Lets get this done and then we need to get the DOJ’s Civil Rights Commission’s voice out of the states redistricting business.
“Secondly, the Department had assumed they could saddle places like Shelby County with the sins of history — the vile age of slavery, then segregation, would be on vibrant display in the courtroom. Even Shelby-specific evidence — like statements from local citizens cataloging their perceptions of modern day discrimination — are now off limits to the DOJ.”
I am not an attorney, nor have I ever studied law. Even so it seems obvious to me that when wrong has been done you punish the perpetrator, not his descendants.
I am not an attorney, but it seems to me like a good number of current DOJ employees belong behind bars, and the major percentage of the Americans they persecute are completely innocent.
Conservatives have allowed too many American institutions (the DOJ is merely one of them) to be over run by extremely aggressive left-wing idealogues and zealots, who do not give the slightest damn about honesty, fairness, or the law.
I think conservatives have done this because the media, which has degraded into being nothing more than a perpetually and profoundly dishonest publicist/hit man for liberals, is primed to squawk loud and long like a stuck pig if any liberal is even close to being exposed. The media then begins a coordinated, long term personal destruction campaign against the individual who threatened to expoase the liberal’s lies and/or wrong doing.
If a conservative had the courage to weather this, he would find himself supported by a good majority of the American people, despite the media going absolutely batshit against him. The majority of people no longer believe, like or trust the media. That conservative would become a hero and a legend. It just takes the courage to be the first one.
The current Delaware US Senate Candidate Christine O’Donnell is living proof of what you say. An amazing hatch job from the Right. The lefty media is not only loving it they are kicking her when she is down with obvious relish. It is time to clean out the stables. The media is no longer anything other than a propaganda tool of the ruling elites of both parties.
nsrd< No fair your using logic.
Another blow to Obama/Holder’s DOJ Black Rights
Division.
So the Supreme Court Justices who were publicly pilloried by President Obama will have a chance to deal with an issue near and dear to his heart? Doesn’t sound good for the home team.
This is probably the dumbest series of articles on PJM. This isn’t making a mountain out of molehill — it’s more like making a tower out of a pack of playing cards and calling it another Washington Monument.
Whenever I see a comment like this, I see fear and confusion…
…or the world view from the sigmoid colon.
I will admit the technical nature of Section 5′s constitutional challenge might bore some. But it is important for two reasons. The Supreme Court has held Section 5 to literally rest at the outer limits of permissible powers over the states. For that reason alone people should pay attention. Secondly, thousands of submissions are made every year to Washington seeking approval for things as small as changing office hours in a county office, changing a poll, and even sometimes hiring or firing someone who does translations into Spanish ballots. That certainly seems like something we ought to pay some attention to, given the Federal government has the power to approve or reject these submission by counties, states and cities. And if the Court strikes it down, you can be sure it will be a central campaign issue in 2012. PJM readers would have known about it months before!
BC: Truth is obviously not something you like to read. I challenge you to come up with a legitimate argument on your side of the drone isle. Go ahead, I dare you!
oh goody, BlockedColon is back.
BC Why, BC, Why? Back up your opinion with a reason. Even the Pope in Rome explains his reasoning.
To O’Brien et al: It’s dumb because: A) the only mentions of it in this grossly distorted context come from just a small handful of right ring sites, primarily here and at the National Review; and B) it is, well, really dumb when viewed in any sort of real context.
Thanks to a relatively small number of principled reporters/commenters a steath campaign of deception and deceit, often taking place behind closed doors, is being uncovered for all interested citizens to see. We should all applaud the efforts of
Adams and others who have the courage to tell it like it is. Many progressives are beginning to sweat and squirm as they are left with no where to hide. Your work is valid and valuable to our liberty Mr. Adams.Carry on!
Looks like the chickens of the most corrupt Presidential administration in history are finally coming home to roost.
I just read probably the dumbest BC post on PJM.
From the article: “Judge Bates rejected the DOJ positions entirely, calling it “absurd” to pursue extensive discovery.” “The Supreme Court almost overturned the law a few years ago, saying the requirement may be constitutionally defective, but held off the ultimate decision for another day.” “Bates ruled that the Department is bound by the congressional record from the 2006 reauthorization of Section 5.”
So when those charged with enforcing federal law trample on the Constitution, it’s not a big deal to BC. How is it possible for one to assign so little importance to scofflaws at the highest levels of government? Dumb.
Rejection of scofflaws requires a reverence for our Constitution.
This should prove to be a very interesting case, however I bet the MSM don’t start schilling for there people until it’s absolutely necessary they would want ot find themselves in a middle of a War where they have nothing to do with it. But on the other hand the MSM didn’t help the people protect there Voting rights like they would of protected those same Voting rights in say washington, NY, Chicago, Milwaukee ect…. Where the market is much bigger. Holder is going to find himself in a pickle as soon as these hearings begin where does he start to protect what he allowed to happen he doesn’t have a leg to stand on in this one. I can’t wait to hear more on this CASE !!
Christian Adams ..thank you for writing about these things. It is very important and not enough people know.
Regards
“Increasing or decreasing the number of voter registration offices, or their hours of operation, also requires pre-clearance.”
However, registering dead voters to vote democrat in Chicago elections comes with a standard pre-approved clearance.
It is not the Holders Department of Justice. Let`s all get it right it is the Holders Department of Injustice, and Holders Racial Bigotry Department. Holder called us Americans cowards, when it comes to talking about race in America and then shows his contempt for Americans trying to vote in the presidential election. By not prosecuting the new black panthers for voter intimidation in Philadelphia. We can not have a real talk about racial equality in this country till we drop all this black this and black that, Latino this and Latino that. The naacp and black caucus have turned into the very thing they were fighting against at one time. I just have to ask the blacks one thing, if whitey is and was so bad. Than why did so many whites die trying to free them from slavery in our Civil War and the people of the underground railroad? Until we stop this color calling and take responsibility for our own actions we will always have social and racial unrest in this country and around the world!