Legal experts line up against the DOJ's move to sue Georgia

McCarthy, Turley, and others are suggesting that Garland's effort might even backfire

The lawsuit against Georgia is DOA. Even if they managed to draw a liberal judge willing to make a political statement, it will never stand up to appeals and ultimately would never get a favorable ruling from the USSC. Not sure that even your liberal Justices would find legal reason to overturn it.

"I'm highly skeptical and I think they may ultimately regret this move. It could indeed clarify this issue in a way the Biden administration does not want," Turley said. 

Make no mistake, you cannot sue because you do not like a law.You can only sue if you can prove that the law is unconstitutional. The problem with the Georgia law is that it is more voter friendly, allowing for more early voting, and allows for more access than probably a majority of the State laws out there. 

As our Caroline Downey reports, the Justice Department will today announce that it is suing Georgia over the latter’s election-integrity law. This is ridiculous. The law provides for voting far more extensive than the Constitution’s minimal standards, and well beyond what, about five minutes ago, were state-law norms. The lawsuit is yet another sign, as if we needed one, that the Biden Justice Department is the Obama DOJ 2.0, an activist tool that puts the awesome law-enforcement power of the federal government in the service of woke progressivism. (link)

The biggest issue with this lawsuit is that the political rhetoric doesn't match with the facts of the law. Moreover, the Garland lawsuit is demanding that the Georgia lawmakers "intended" to discriminate when they created the law. Suffice it to say that this is not an ideal way to create the lawsuit, but another pending court decision on election laws gives the DOJ little choice. They will not just have to prove that some sort of disciminory result might take place (that the law effects minorities more than whites) - but will have to show that this was the actual intent. 

Unless they find Georgia Republicans willing to admit to discrimination, this is a large legal hurdle. 

But the law itself is no different that dozens of other state laws. Voter ID is required in all but 15 states, Georgia expanded their early voting hours, and access to mail in ballots was also increased. The major complaints about the Georgia law (reduction in amount of time to request absentee ballots, no food or water within 150 feet, limitations on provisional voting for wrong precincts, and making the counties report and count their ballots in a more timely manner)  are not really unique to this new Georgia law. In many ways the Georgia law is less restrictive and provides more access to voting than many other states.  

Hard to win a lawsuit when your facts are simply not there.