When lawyers for Elon Musk’s “X Corp.” filed an antitrust lawsuit against advertisers in the Wichita Falls division of the Northern District of Texas, the case was destined for U.S. District Judge Reed O’Connor, who has several right-wing rulings to his resume. But the apparent judge-shopping was foiled Tuesday when O’Connor recused himself from the case.
Why did he do so? His brief filing didn’t say.
The recusal comes after NPR reporting on the judge’s investment in Tesla stock, which NPR noted “has fueled questions over O’Connor’s fairness as a judge, since the outcome of the suits filed by [Tesla CEO] Musk’s X could impact his business empire.” However, in the other suit to which NPR referred — against watchdog Media Matters — O’Connor has not recused. It would’ve been helpful if the judge had explained the reasoning for his recusal.
Whatever the judge’s rationale or what comes of either suit (though Musk’s chances in one may now be dimmer without O’Connor), the episode highlights the absurdity of apparent judge shopping: As NPR pointed out, none of the parties in either case is based in Texas. The advertiser case was reassigned to another judge in the Northern District, Ed Kinkeade.
The recusal occurred alongside another, unrelated legal development for Musk. The UAW said on Tuesday that it has filed federal labor charges against him and Republican presidential nominee Donald Trump, stemming from comments they made during a conversation on X on Monday night. The UAW characterized the rhetoric as “illegal attempts to threaten and intimidate workers who stand up for themselves by engaging in protected concerted activity, such as strikes.”
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