In my initial post on this topic, I pointed out that District Courts have express authority to determine how cases are assigned under 28 U.S.C. § 137(a). It provides:
The business of a court having more than one judge shall be divided among the judges as provided by the rules and orders of the court. The chief judge of the district court shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe. If the district judges in any district are unable to agree upon the adoption of rules or orders for that purpose the judicial council of the circuit shall make the necessary orders.
The letter from Senators McConnell, Cornyn, and Tillis cited the same statute. They wrote: "The assignment of cases within district courts is governed by federal statute."
