Balancing the pendulum swings at the DOJ

The New York Times reports that major shifts in policy and emphasis are expected at the Justice Department as Obama’s people take over and Bush’s people leave town. Most of those changes are good ones, particularly the focus on restoring the rule of law on torture, FISA and other matters. But then I see this part:

In the Justice Department, there is considerable restiveness as employees await new direction. The civil rights division, which had been reshaped in a conservative direction under President George W. Bush, is ripe for sharp change, administration officials said.

“Many of us cannot wait for the changes,” said one career lawyer in the division, who spoke on the condition of anonymity to describe the atmosphere.

The lawyer said there were expectations that the division would be restored to its historic role of largely enforcing prohibitions against racial and ethnic discrimination. Under the Bush administration, the division significantly diminished its involvement in those areas and shifted resources to fighting instances of religious discrimination.

I’ve got a better idea. How about just focusing on preventing and prosecuting illegal discrimination in any form? It’s certainly true that the Bush administration shifted its focus from racial, ethnic and gender discrimination to religious discrimination, but that doesn’t mean that those are the only forms of discrimination that exist or that matter.

The civil rights division of the DOJ should not worry about setting priorities; the priority should be to enforce the law wherever it needs enforcing. Where cases of genuine illegal discrimination took place, whether racial, religious or some other type, the law should be enforced. The balance of that focus should fall wherever it needs to fall depending on how common each type of case is in the real world.