The Western District of Louisiana has become among the most popular federal courts for Republican attorneys general to file litigation challenging the Biden administration on an array of issues, such as climate change and immigration.
That’s the conclusion of Marquette University political science professor Paul Nolette, who has been tracking the filing of lawsuits by conservative attorneys general against Biden administration policies.
“It has become one of the go-to places for Republican attorneys generals to bring these types of lawsuits,” Nolette told the Louisiana Record.
Nolette’s data on the court filings was the subject of a recent Bloomberg Law article, which found that the Western District of Louisiana was the site of nine multi-state GOP lawsuits against the administration – the most of any other federal district in the nation.
There are multiple reasons for the Louisiana district being a popular venue for conservative attorneys general, according to Nolette. Because it’s a small district with a limited number of jurists, it’s much easier to get a favorable judge, he said.
“And (Louisiana Attorney General) Jeff Landry has been one of the most active of Republican attorneys general bringing lawsuits and bringing multistate litigation,” Nolette said. “... This continues what has been a several-year trend now where attorneys general have gotten a lot more sophisticated about where they bring this litigation, really bringing forum shopping to perhaps its logical conclusion.”
This turn of events is a little ironic because business groups and Republicans in the past have criticized the practice of forum shopping when plaintiffs’ attorneys target specific venues when filing class-action litigation, he said.
“But the temptation to forum-shop is far too tempting for attorneys general to give up that sort of ability,” Nolette said.
About 60 multi-state lawsuits have been filed against the Biden administration so far, and even more single-state lawsuits – some not being partisan in nature – have been filed against the administration, he said. The total number of such civil lawsuits is now in the triple digits, according to Nolette.
One particular judge in the Western District of Louisiana, Terry Doughty, has been a favorite among the conservative attorneys general, he said. Doughty is seen as more likely to impose nationwide injunctions if he agrees with plaintiffs’ positions, according to Nolette.
“You’re putting down your chips on the table, and you want to increase your chance of winning,” he said.
Nolette expects the trend among conservative chief law officers to file cases in the Western District of Louisiana to continue over the next two years as the administration finalizes regulations and Republican attorneys general attempt to push back.