The Justice Department is tripling down on its allegations that Texas is “judge-shopping” in the lawsuits the state has brought against the Biden administration.
But the department is running into headwinds as it tries to push back against the Lone Star State’s pattern of filing cases in a way that allows it to effectively choose the judges that hear them. At a hearing last week on a Justice Department request that one such case be transferred to another federal court, the judge seemed to dismiss DOJ’s concerns and appeared to blame the department for creating any perception that the case assignment set up was unfair.
In one of those cases – concerning the how the administration prioritizes deportations – Tipton in 2021 halted the policy and ordered regular updates from the administration on how it was managing its deportations in accordance with his order. That case is now being reviewed by the US Supreme Court, which has kept the Biden policy on pause. Tipton was appointed by former President Donald Trump and is viewed as a very conservative judge, having been confirmed without the support of any Democrats.
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