This Justice Department has been no friend to school-choice programs across the country, and the silly lawsuit in Louisiana is no exception. On August 22 of this year, DOJ filed a motion in the United States District Court for the Eastern District of Louisiana pursuant to a 40-year-old open desegregation order, arguing in effect that allowing minority students to escape failing schools impeded government efforts to integrate students into failing schools.
In preparation for litigation, voucher students and parents and the Louisiana Black Alliance for Education Options filed motions to intervene in the lawsuit. They argued, for example, that “it is perverse to attempt to thwart [intervening] children’s educational opportunities by invoking a desegregation decree intended to vindicate their educational opportunities.”
This appears to be, in part, a face-saving operation by DOJ. In ordinary litigation, parties do not implicitly abandon requests for relief buried on page four of a response to a motion to intervene.
But whether because of the public outcry against DOJ excesses, fear of arguing untenable positions in open court against angry parents and students, or an attempt to pull a fast one, it appears that DOJ has dropped this fight against the Louisiana program.