April 1, 2009

SOME? HAVE THE OTHERS NOT READ IT?:

A Split At Justice On D.C. Vote Bill: Holder Overrode Ruling That Measure Is Unconstitutional (Carrie Johnson, 4/01/09, Washington Post)

Justice Department lawyers concluded in an unpublished opinion earlier this year that the historic D.C. voting rights bill pending in Congress is unconstitutional, according to sources briefed on the issue. [...]

In deciding that the measure is unconstitutional, lawyers in the department's Office of Legal Counsel matched a conclusion reached by their Bush administration counterparts nearly two years ago, when a lawyer there testified that a similar bill would not withstand legal attack.

Holder rejected the advice and sought the opinion of the solicitor general's office, where lawyers told him that they could defend the legislation if it were challenged after its enactment.


Arguing a law you know to be unconstitutional is an impeachable level of misconduct.

Posted by Orrin Judd at April 1, 2009 12:10 PM
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