Forum shopping is not new. Judge shopping is not new. Litigants have strategically filed cases in single-judge divisions for as long as single judge divisions have existed. Yet, in recent years, this practice has become intolerable. Writers at Slate and Vox push out a never-ending series of attacks on a handful of district court judges in Texas. Law professors on Twitter amplify those claims. And now, the Department of Justice has embraced this argument. Sort of.
It's important to stress what DOJ has not done. DOJ has not filed any motions for recusal on account that these judges are biased. DOJ has not asked the Fifth Circuit to remove any of these judges. DOJ has not filed a mandamus motion.DOJ has not lobbied Congress to modify the judicial divisions in Texas, or any other state. DOJ has not asked Congress to eliminate all single-judge divisions. DOJ also has not filed a motion for sanctions against the Texas Attorney General for abuse of process. Nor has DOJ filed any misconduct complaint against Texas AG lawyers. All of these actions would be the appropriate vehicles if in fact there was some sort of malfeasance. DOJ hasn't even argued that venue is improper. DOJ has taken none of these actions. Instead, DOJ has filed a series of motions that would not actually determine whether there is any actual malfeasance on the part of the judges or the Texas Attorney General.
What did DOJ do? The government has asked federal judges in Victoria, Amarillo, and Lubbock to transfer certain cases brought by the Texas Attorney General. Why did DOJ file these motions? The precise reasoning is not entirely clear.
