Judiciary enforces new rule to stop GOP from blocking Dem policies by 'judge-shopping'

The Judicial Conference of the United States is cracking down on a tactic Republican lawmakers have used to block liberal-leaning court decisions, CNN reported Tuesday.

The judiciary announced, "A new policy that will broaden the pool of judges who could be assigned to hear cases seeking state-wide or nationwide orders, making it more difficult to single out a particular judge, although it will still be possible to seek out a favorable pool of judges to hear cases."

The issue the policy aims to curb — "judge-shopping" — according to Bloomberg News, "has repeatedly come up in Texas in recent years, where Republican attorneys general and conservative litigants have filed challenges to [President Joe] Biden's administration actions in divisions where one judge is automatically assigned all cases, with an eye toward getting a favorable decision in their favor."

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Bloomberg also notes, "U.S. District Judge Matthew Kacsmaryk, who hears all civil matters filed at his Amarillo, Texas courthouse, has gotten particular attention for presiding over conservative cases there, including his ruling against the FDA’s authorization of the abortion pill mifepristone. That pill remains available as the Supreme Court considers the case."

The Judiciary's move comes after "increasing pressure to act from Senate Democrats, the Biden administration and others," according to The Hill.

Now, the news outlet reports, “The new policy mandates that federal district courts randomly assign a judge to a lawsuit if the suit aims to block any federal or state law, executive order or regulation."

The Hill reports Judicial Conference Secretary Judge Robert Conrad said in a statement, "Since 1995, the Judicial Conference has strongly supported the random assignment of cases and the notion that all district judges remain generalists."

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He added, "The random case-assignment policy deters judge-shopping and the assignment of cases based on the perceived merits or abilities of a particular judge. It promotes the impartiality of proceedings and bolsters public confidence in the federal Judiciary."

CNN notes legal analyst and University of Texas School of Law professor Steve Vladeck said, "The problem is not just that this allows plaintiffs to effectively choose their judge; it also undermines public faith in the integrity of the judiciary for the courts to stand idly by. Today’s news suggests that the federal judiciary, if somewhat belatedly, agrees."