In the popular image of the civil rights struggle, wrongful prosecutions of innocent black defendants loom large. The Scottsboro Boys and the fictional To Kill a Mockingbird have prominent places in the public mind. As bad as prosecutorial malfeasance sometimes was in that era, though, prosecutorial nonfeasance was far worse. The ability of a domestic terrorist organization to commit crimes against a racial minority with impunity was the injustice with a much more deleterious effect.

Against wrongful prosecutions, the judiciary can be a safeguard. Cases such as Brown v. Mississippi and Powell v. Alabama stand out as points of light in a dark era. Against wrongful failure to prosecute, though, there is really nothing the judiciary can do. The people must replace the executive.

Fast forward to 2010. This WaPo article by Krissah Thompson describes the political fallout from the dubious dismissal of most charges in the case of voter intimidation by the New Black Panther Party. See also Bill Otis's posts here and here.

The article quotes Abigail Thernstrom calling the case "small potatoes." "If you want to criticize [Attorney General] Eric Holder, there are lots of grounds on which to criticize him," she said. "Why waste your breath on this one?"

Although I have great respect for Ms. Thernstrom, I do not agree with her on this one. Sometimes an incident that is relatively small in itself serves to crystallize a problem in the public mind with a clear, simple example of what is wrong.