To quote Justice Alito:
It “undermines confidence in the government,” Justice Alito says. “It’s one thing to say the court is wrong; it’s another thing to say it’s an illegitimate institution. You could say the same thing about Congress and the president. . . . When you say that they’re illegitimate, any of the three branches of government, you’re really striking at something that’s essential to self-government.”
There have been no actual allegations that judges assigned to the Amarillo or Wichita Falls divisions have engaged in any judicial misconduct. (And no, authorship of a law review article that a judge did not actually write does not actually matter.) These judges have not been mandamused or reassigned by the court of appeals. None of the progressive judges on the Fifth Circuit have, in dissent, charged these judges with malfeasance. And no bar complaints have been filed against the Texas Attorney General or other plaintiffs who have filed in these forums. DOJ has filed motions to transfer cases in these divisions. And, those motions have been denied. In doing so, these courts have rejected the premise of Schumer’s letter: that single-judge divisions undermine public confidence in the judiciary. Senator Schumer is, in effect, seeking reconsideration of what Judges Tipton, Kacsmaryk, and others have already ruled. The chief judge of a federal district cannot sit in judgment of another district judge in his district. That job belongs to the court of appeals alone.