Professor of Law Katherine Macfarlane recently spoke with Law 360 about judge shopping in the Federal Trade Commission’s lawsuit (FTC) against a transgender health organization. The lawsuit, filed in the Northern District of Texas, follows a Washington, D.C. federal court’s unfavorable subpoena ruling to the FTC.
Macfarlane agreed that it appeared the federal government is seeking the court most likely to give them an outcome that aligns with their theory of the case.
The case was originally assigned to Judge Mark Pittman but was reassigned to Judge Reed O’Connor without reason.
According to Macfarlane, the one-sentence order doesn't give a reason, cite a local rule or show that the docket might be too busy.
However, she noted that the plaintiffs have noted there isn't a related case, so that didn't trigger the reassignment. Additionally, the parties should have the right to know so they can challenge it if they choose.
"I'd want to know why did it get transferred," she said. "It's so disappointing in a case that implicates venue and is getting so much attention and has a potential to be politically charged."