Justice Defends Dismissal of Political Bias Claim Without Record Retention Requirement

The Justice Department argued in a brief filed Sept. 14 that the U.S. Court of Appeals for the District of Columbia Circuit should uphold dismissal of a lawsuit against the department for alleged political discrimination in its hiring practices (Gerlich v. Justice Dep’t, D.C. Cir., No. 09-5354).

A report by DOJ’s Office of the Inspector General and Office of Professional Responsibility had revealed that the department deselected for interview for its 2006 Honors Program and Summer Law Intern Program candidates with liberal organization affiliations.

DOJ did not contest in its brief that the screening committee improperly considered political ...