This new case could allow the justices to provide some clarity on political gerrymandering while dramatically affecting the way states draw new district lines following the 2020 Census.
For example, it allows the justice of inevitable inequalities in health to be decided without having to engage the issue of fairness at all.
Mr Ashcroft's scheme to allow the Justice Department to eavesdrop on conversations between detainees and their lawyers is a clear breach of the constitution's sixth amendment.
He cannot allow the Justice Department, which routinely investigates bias by state and local governments, to operate a system that disproportionately condemns minority members to death.
As part of the settlement, the state also agreed to allow the Justice Department and Ms. Clark to monitor New Jersey's efforts to eliminate discrimination in the department.
Urging either of these limited rulings would allow the Justice Department to support the plaintiffs in the case without risking a political backlash in the states that still prohibit same-sex marriage.
Tony West, assistant attorney general for the civil division, said in a statement, "Where the facts and law allow, the Justice Department will pursue individuals responsible for illegal conduct just as vigorously as we pursue corporations".
Earlier this month, the Senate Judiciary Committee unanimously approved a bill that would allow the Justice Department to obtain court orders identifying sites dedicated to "infringing activity" and to require companies that register Internet domain names to suspend those accounts.
This month, John Conyers, Democrat of Michigan, and Zoe Lofgren, Democrat of California, introduced a bill that would allow the Justice Department to bring antitrust actions against I.S.P.'s that violate net neutrality.
And they say it would also allow the Justice Department -- after months of growing friction with some judges -- to limit the role of the judiciary still further in terrorism cases.
