FOXNews.com - Holder Floats Possibility of Racial Profiling Suit Against Arizona"It doesn't mean that if the law for whatever reason happened to go into effect, that six months from now, a year from now, we might not look at the impact the law has had ... and see whether or not there has been that racial profiling impact," Holder said. "If that was the case, we would have the tools and we would bring suit on that basis."
Holder, reacting to the firestorm of criticism from Republicans and border-state lawmakers, said the Justice Department decided to file the suit because Arizona's immigration law is "inconsistent" with federal policy and the U.S. Constitution. He said there's nothing to stop local jurisdictions and states from helping the government enforce immigration law, but described Arizona's law as contradictory to what the federal government is trying to accomplish.
So they realize they'll probably lose the first suit and are laying the groundwork for the 2nd.