None of that bodes well for the Georgia lawsuit. Indeed, it strongly suggests that the Biden administration is setting itself up for failure. The case is weak, the precedent is hostile, and timing is suspect. So why would Attorney General Merrick Garland green light a case that seems likely to fail in spectacular fashion? While I have great respect for Garland, this does seem like a rare moment of weakness in yielding to political pressure from the White House and Congress. The lawsuit legitimates Biden’s over-heated rhetoric on Republicans dragging the nation back into the Jim Crow era... The Justice Department has long followed a “first do no harm" approach to lawsuits. If you truly value voting rights, you do not want to advance cases that are likely to fail and further limit voting rights laws. Instead, the Biden administration filed a lawsuit before hearing from the court on the very provision that it is raising in lower courts. Those lower courts are required to follow precedent of the Supreme Court, not the politics of the moment.