Last Thursday, a front page story in The New York Times announced that the U.S. Department of Justice would be filing papers in a class action civil suit—brought by the New York Civil Liberties Union and Schulte Roth & Zabel—in New York state court challenging the constitutional adequacy of the state’s system for providing defense services to indigent criminal defendants.1 Later that day, news emerged that Attorney General Eric Holder would be resigning once a successor was in place.
The disclosure of Holder’s planned departure spawned broad discussion about his legacy, and as explored in the lead story in last Friday’s Law Journal,2 that legacy includes litigation and controversies in New York. For the most part, however, the Justice Department’s involvement here has come in the form of prosecuting terrorism cases and in defending federal agencies against national security challenges. Far less frequent has been the department’s participation in civil rights litigation brought by New York advocates.
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