Seating was scarce at the April 17 Senate hearing on Ending Racial Profiling in America. Those left outside were directed to an overflow room. But there was one empty seat. Sen. Dick Durbin (D-Ill.), chairman of the Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights, who was presiding over the hearing, said that he had invited the Justice Department to testify, but “they declined.”