At long last, the executive branch is playing hardball in the face of judicial obstruction.
Thursday’s motion to transfer goes much further. The Justice Department, at last, is tackling Texas’ “blatant forum shopping” head-on. Allowing a state to select its preferred judge constitutes cynical “gamesmanship,” DOJ lawyers explained. This practice “undermines public confidence in the administration of justice” and the “impartiality of the judicial system.
The DOJ provided three reasons why Tipton should transfer the case. First, it argued that under state and federal law, Texas “resides” in Austin, the state capital, while the U.S. government “resides” in the District of Columbia. So Tipton should transfer the case to a federal court in either Austin or D.C., where the plaintiff and defendant are located. Second, the DOJ argued that Tipton should transfer the case to Austin or D.C.
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