The New York Attorney General field suit against Russ Vought, asserting that he has effectively shuttered the Consumer Finance Protection Bureau. Did AG James file suit in Albany? Of course not. There are a few Republican appointed judges there. Did she file in the District of Columbia, where she has a 100% chance of success before the en banc D.C. Circuit? No. Injunctive relief is far too important here. Instead, James chose the District of Oregon. And not in Portland. There are two Republican appointees there (one of whom blocked Trump’s military deployment).
Instead, James chose the Eugene Division. I’ve been to Eugene, Oregon to speak at the University of Oregon. As fate would have it, I visited the city the day after the 2016 presidential election. I felt like I was walking through a wake.
In case you were curious, there are three judges assigned to the Eugene division. Judge Mustafa Kasubhai (Biden nominee), Chief Justice Michael McShane (Obama nominee), and Ann Aiken (Clinton nominee).
And which judge got the case? Judge Aiken! If that names sounds familiar, it should. She presided over the long-running Juliana litigation. A group of children argued that they had standing to challenge energy policy because of alleged effects from climate change. Co-blogger Jon Adler has chronicled Judge Aiken’s follies over the years. Indeed, Aiken was reversed by the Ninth Circuit several times.
I don’t want to ever hear any complaints over forum shopping, ever again. Liberals engage in forum shopping in Eugene. Conservative engage in forum shopping in Lubbock. Get over it. Fittingly, the University of Oregon is about to play Texas Tech in the College Football Playoffs. Wreck ‘Em Raiders.
