I think it's time to update this thread and talk more specifically about particular district judges red state AGs might go to when challenging Biden administration policies. https://twitter.com/fedjudges/status/1282800571251130369
Under Trump, Dem AGs and outside groups mostly filed their major lawsuits in four courts: the Northern District of California, the District of Maryland, the Southern District of New York, and the District of Columbia.
These courts were chosen because on top of being in favorable circuits (CA 2, CA 4, CA 9, CA DC), they had very few Republican appointees, if any at all. For example, the Northern District of CA only has 1 GOP appointee on active status, and even he enjoined admin initiatives.
GOP AGs have a few circuits they can file their lawsuits in. The 5th, 6th, 8th, and 11th Circuits will generally be receptive to them. The 7th is so-so. Others will probably be mostly avoided.
So which district courts will they file in? In the 5th, there are a number of options. During the Obama admin, it was just N.D. Tex. Judge Reed O'Connor in Wichita Falls (he's the one who declared Obamacare was unconstitutional).
Now, Texas AG Ken Paxton can file across the state. For example, the Eastern District of Texas's Tyler Division has two Trump appointees drawing cases. One of them worked for in the Texas AG's office and the other was extensively involved in the state GOP before becoming a judge.
The Southern District of Texas's Galveston and Victoria Divisions are other possibilities. Trump appointees hear all of the civil cases there. And in the Northern District, the AG can continue to file in Wichita Falls, or now go to Fort Worth or Amarillo as well.
In all three of those divisions of the court, Republican appointees hear almost all of the civil cases.
Leaving Texas, but staying in the 5th Circuit, Louisiana AG Jeff Landry might sue the feds in his state's Western District, where Trump appointees hear all civil cases in the Alexandria, Lafayette, and Lake Charles divisions of the court.
In the 6th Circuit, Kentucky AG Daniel Cameron could file in the Eastern District of Kentucky's Frankfort division, where Judge Greg Van Tatenhove sits. He issued an injunction allowing religious schools to open for in-person instruction in November. https://www.kentucky.com/news/coronavirus/article247426845.html
That's the same case Alito and Gorsuch dissented in at SCOTUS.
https://www.supremecourt.gov/opinions/20pdf/20a96_e29g.pdf
In the 8th Circuit, the District of North Dakota's Eastern (Fargo) division is a possibility. This is the court that partially enjoined the WOTUS rule during the Obama administration.
In the 11th Circuit, there are a number of places AGs could go in Alabama and Florida, but there's not necessarily a guarantee that the cases will be decided by Trump appointees.
This thread is long, but the takeaway should be that national injunctions aren't going away. The only differences from the Trump administration are who's suing the feds and which judges are hearing the cases.
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