Trump’s Justice Department Steps Back from Crucial Voting Rights Battles

The landscape of voting rights is evolving swiftly with the new administration, highlighted by a significant redistricting case from Louisiana.

On January 16, the U.S. solicitor general sought Supreme Court permission for the federal government to join upcoming oral arguments in this contentious case. Just days later, on January 24, four days post-inauguration, the acting solicitor general retracted that request, indicating a change in the government’s stance.

“Following the change in Administration, the Department of Justice has reconsidered the government’s position in these cases,” the new filing stated, reflecting a notable shift from its earlier argument that the district court’s ruling was erroneous.

This reversal, occurring within eight days, underscores a significant transition in the federal government’s approach to voting rights litigation. The case proceedings will persist without the Justice Department’s participation, giving the Court the latitude to entertain various legal arguments. Notably, the Department also withdrew from a separate voting rights case against Virginia regarding voter roll removals, marking an abrupt pivot.

While changes after an administration transition are not unheard of, they are relatively uncommon. Justin Levitt, a constitutional law expert, stressed the usual goal of maintaining continuity in the solicitor general’s office to uphold credibility with the justices.

Judges are now proactively seeking clarification from the Justice Department regarding its evolving positions in voting rights cases. A prolonged redistricting case in Texas has highlighted this trend, where the Justice Department accused Texas of violating the Voting Rights Act. However, shortly after Trump’s inauguration, judges noted that the Department had halted its civil rights litigation, seeking clarification on its future intentions. The Department has promised a response by mid-March.

Additionally, newly appointed U.S. Attorney General Pam Bondi received a formal request from Georgia’s Secretary of State, urging the Justice Department to withdraw a lawsuit concerning Georgia’s 2021 electoral law changes. Under the previous Biden administration, the law was challenged for purported racial discrimination. Yet, high voter turnout since its enactment has led state officials to contest those claims.

If the Justice Department exits the Georgia lawsuit as well, the legal battles will persist, primarily driven by private plaintiffs, including voting rights and civil rights organizations. Danielle Lang, a lawyer involved in several cases, stressed that historically, some administrations have been reluctant to pursue voting rights cases.

Despite the unpredictability surrounding these shifts, Lang noted that the current level of public signaling about potential reversals stands out as particularly unusual.