On July 13, the Department of Justice blew an opportunity to put to rest the issue of whether they are willing to enforce the Voting Rights Act in a race-neutral fashion by objecting to a request by a proven discriminator to further discriminate. I wrote about this pending request at PJ Media. At the time I noted:
Bottom line, if this Justice Department was truly interested in enforcing the law in a race-neutral fashion, they could stop Brown’s discriminatory scheme for the cost of a postage stamp. A simple objection letter would prevent him from implementing a practice Judge Lee already has found to violate the law. Any other choice by Holder this week, other than an objection letter, will broadcast DOJ’s disdain toward equal enforcement of the voting laws.
The reason they did not resolve this with a postage stamp, and send an objection letter, is because they do not want whites and Asians, when they are the discriminated-against minority, to be protected under Section 5 of the Voting Rights Act.
Sadly, the Department did not object to the submission and therefore refused to protect the white minority in Noxubee County in the least costly, most powerful way possible — a simple letter objecting to the proposal. Why? Because it is high heresy to include discriminated-against whites within the protections of Section 5 of the Voting Rights Act. This attitude is common knowledge within the voting section.
On July 12, it silently sent a “no determination” letter, effectively a cop-out against using Section 5 to protect the white minority in Noxubee County. I am told by a news outlet that the supposedly transparent administration played hide the ball for almost 24 hours, not providing the letter to the public.
There’s more. On July 13, it filed a motion to extend for a few years a remedy in the civil court case the Bush administration brought in 2005 and won in 2007. The order seeks to extend the remedy until after the next presidential election. This means the Department will never have to roll up their sleeves and monitor what Ike Brown, their political friend, is doing in Noxubee.
Amazingly, the Department is also seeking an order from the federal court to prevent Ike Brown, the discriminator, from making any more inconvenient submissions to the Obama Justice Department which might reveal the hostility toward equal enforcement of the law. Simply put, they are asking the court to prohibit Brown from sending any more submissions under Section 5. Not only would this go beyond the powers of the court to order, it is a naked play to avoid facing the issue of unequal enforcement for the remainder of the first, and maybe last, term of the Obama administration. If Brown can’t file submissions to the DOJ, the DOJ won’t have to take the side of the white victims. This is unnecessary and shamefully transparent.
Don’t forget, this court effort is the relic of a Bush administration case. It’s one thing to file a motion in a successful case the previous administration brought and won; it’s quite another to bring cases of the same sort in the future. There is next to no chance this Justice Department will bring these voting cases, even though they exist.
This unnecessary request to prevent Ike Brown from making any further submissions will allow the Department to conveniently avoid any public litmus test of their attitude about who is protected by Section 5 of the Voting Rights Act. If Brown can’t make any more submissions to the DOJ, then the DOJ won’t have to confront the issue of whether his victims are protected under Section 5. This is one of the most novel forms of “prior restraint” I’ve ever seen.