Courts

We Should Probably Try To End That Whole Judge Shopping Thing That's Making A Mockery Of Justice

The Democratic effort to end the problematic practice.

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Shopping cart with red details on a white backgroundJudge shopping, that is, filing a federal lawsuit in a specific district court in order to assure (or at least strongly influence) a particular judge of your preferred political persuasion has become a real problem. Don’t believe me? It’s the only reason Matthew Kacsmaryk has become a national figure. The district judge is the lone judge who sits in the Northern District of Texas’s Amarillo section which is the not-at-all-coincidental reason that court has become the go-to destination to challenge polices supported by Democrats.

Judge Kacsmaryk’s attempt to unilaterally pull mifepristone from the market has shone a light on the problematic practice, and now there’s an effort to actually do something about it.

Hawaiian senator Mazie Hirono has proposed legislation to bar the practice. The bill would force challenges to national laws and policies to be filed in the U.S. District Court for the District of Columbia. As Hirono noted, “Activist plaintiffs should not be able to hand-pick individual judges to set nationwide policy, which is why it’s critical we address the issue of judge shopping in our federal courts.”

Kacsmaryk’s courtroom isn’t the only one Republicans are flocking to in order to boost their chances of a favorable outcome. As reported by Reuters:

The Biden administration has accused Republican Texas Attorney General Ken Paxton of judge shopping, including in a lawsuit challenging the legality of last year’s $1.7 trillion federal government funding law.

Paxton’s office is fighting an effort to transfer the case from Trump appointee U.S. District Judge James Wesley Hendrix’s court in Lubbock, Texas, to either Washington or the federal courthouse in Austin, the state’s capital. Hendrix has not yet ruled on the motion.

Of course, the proposed legislation is far from actually becoming law, as judge shopping has become an incredibly effective tool for conservatives and the GOP remains in control of the House of Representatives. But at least there’s a somewhat of a plan in place should that change.

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on

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