“Color of Law”: Eric Holder Wants to Lower the Standard of Proof for Civil Suits

Eric Holder has resigned his post as Attorney General. On his way out, he has one more rotten egg to lay—he wants to lower the standard of proof for pressing civil suits, probably in an effort to make it easier for the Feds to involve themselves in “racially motivated” shootings:

Lawyers in the Justice Department are looking into various possible reforms of civil rights law. Depending on their determination, it’s possible that Holder will simply argue about the need for a lower standard of proof rather than propose a specific legislative remedy. Possible changes include toughening hate-crimes laws, which were under consideration in the Martin case, and establishing a broader standard for what constitutes a “deprivation of rights under color of law,” the provision that could apply to the police shooting in Ferguson.

“Color of law”? That’s an interesting idea. Holder and Obama have been riding this racism hobby horse for quite some time. With nothing to show for it but a more racially divided America. Congratulations? I’ll tell you what will come of it if they lower the standard of proof for federal lawsuits, by the way.

It won’t just result in more unnecessary and biased civil suits even more arbitrarily advanced. And it won’t just be used to “balance” a perceived injustice toward racial minorities. I think the most damaging aspect of such a change would be that the federal government will be even more involved in local politics. I can’t over-emphasize how damaging that could be.

If local politicians, judges, and law enforcement are constantly in fear of a civil suit from the federal government, that will have a profound neutralizing effect on their independence, which, as we know, has already been almost entirely neutralized as it is. I hope Holder is just so ashamed and discredited that he won’t be able to get anything done before he leaves. That’s probably wishful thinking, though.

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