Twice, SCOTUS Finds Coastal Courts Improperly Exercised Venue
On March 30, I wrote a post titled “Coastal Judges Play Keep-Away From The Fifth Circuit.” One week later, the Supreme Court has turned the tides.
Last Friday, in Department of Education v. California, the Court ruled that a federal court in Boston improperly exercised jurisdiction and venue. The challenge to the funding cut belonged in the Court of Federal Claims. And today, in Trump v. J.G.G., the Court ruled that a federal court in the District of Columbia improperly exercised jurisdiction and venue over an alien detained in Texas.
For “core habeas petitions,” “jurisdiction lies in only one district: the district of confinement.” Rumsfeld v. Padilla, 542 U. S. 426, 443 (2004). The detainees are confined in Texas, so venue is improper in the District of Columbia. As a result, the Government is likely to
I draw several conclusions from this ruling.
First, this was a case of clear forum shopping by the ACLU and other groups. The aliens were known to be detained in Texas. The obvious venue to file suit was in Texas. The ACLU determined (rationally) that the Fifth Circuit would not be a favorable forum. Therefore, they took a risk and sought emergency re
Article from Reason.com
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