While the Judicial Conference's policy on venue and judge shopping is dead, debates about this issue are not. Today, the New York Times reported on the kerfuffle, which quoted at least one District Court judge from Dallas who was not happy with his Chief Judge's letter to Senator Schumer. I suspect there is some backstory here.
This evening, the Fifth Circuit decided a case on its "emergency" docket. The posture is somewhat complex. A judge in the Northern District of Texas-Fort Worth Division transferred a case brought by the Chamber of Commerce against the CFPB to the District for the District of Columbia. (See, the conservative Judges in the Fifth Circuit are not automatons.) Almost immediately, the Chamber sought an emergency stay, and the Fifth Circuit granted a temporary administrative stay. Now, the Fifth Circuit panel, by a 2-1 vote, mandamused the transfer. Judge Willett wrote the majority, joined by Judge Oldham; Judge Higginson dissented.
Here is a summary of the opinion:
