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It’s Schumer v. Texas in the fight over judge shopping

Apr 2, 2024, 8:43am EDT
politicsNorth America
REUTERS/Amanda Andrade-Rhoades
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Majority Leader Chuck Schumer is promising that the Senate will “consider legislative options” to stamp out the practice known as judge shopping.

The Judicial Conference of the United States issued guidelines last month aimed at ending the legal maneuver, in which plaintiffs strategically file cases in courts where they’re all but guaranteed to find a friendly judge.

But on Monday, the U.S. District Court for the Northern District of Texas — where conservatives have brought hot-button cases on issues like the abortion bill — shot the suggestions down, saying it wouldn’t change how it assigns cases.

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Schumer called that decision “unfortunate” in his statement Monday vowing action. But few expect Congress to pass much on the issue, given that Republicans — including Mitch McConnell — have defended judge shopping and urged courts to ignore the Judicial Conference’s recommendations.

“That leaves a Supreme Court decision addressing the topic or a lengthy rulemaking process among the only viable paths for a nationwide curb,” Bloomberg notes.

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