An Extraordinary Beat-Down for the DOJ
I attended a hearing on Monday afternoon before District of Columbia federal district court Judge Richard J. Leon that was one of the most “extraordinary” federal court hearings I have ever attended, to use Judge Leon’s description of the case. The hearing was over the temporary restraining order (TRO) and preliminary injunction (PI) being sought by the League of Women Voters and a host of other leftist groups to stop the recent decision of the U.S. Election Assistance Commission (EAC) to allow Kansas, Georgia, Alabama, and Arizona to enforce their proof-of-citizenship voter-registration requirement.
This morning, as I predicted would happen in an article on Sunday, the U.S. Justice Department took a dive and filed a pleading in which it not only failed to defend the actions of the EAC, but agreed with the plaintiffs and consented to both a TRO and a PI. Judge Leon called the pleading “unprecedented” and “extraordinary.” He said he had never seen such a document in his entire experience as a lawyer or a judge. He was obviously astonished that the Justice Department was not defending the agency, and it was soon clear he was not going to allow DOJ to just roll over.