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Federal Court In Texas Rejects Policy To Curb Judge Shopping

Supreme Court The first day of the court's new term in Washington

A federal court in Texas known for attracting conservative lawsuits against President Joe Biden's agenda has opted not to adhere to a new policy designed to limit the practice of 'judge shopping.'

Chief U.S. District Judge David Godbey of the Northern District of Texas communicated this decision in a letter to Democratic U.S. Senate Majority Leader Chuck Schumer. The policy, put forth by the U.S. Judicial Conference on March 12, sought to randomly assign judges to cases challenging federal or state laws to prevent them from being concentrated in specific divisions or courthouses.

The move was intended to disrupt the strategy of conservative litigants who file cases in smaller divisions within Texas' federal districts, where judges appointed by Republican presidents often rule in their favor on contentious issues like abortion, immigration, and gun control.

Following pushback from Senate Republicans and conservative judges, it was clarified that the policy was discretionary, allowing each district court to decide its implementation. In response, Judge Godbey, a nominee of former President George W. Bush, stated that after a meeting with judges in his district, they reached a consensus not to alter their case assignment process at present.

The U.S. District Court for the Northern District of Texas comprises 11 active judges across seven divisions, with most judges located in Dallas. Smaller divisions like Amarillo, Fort Worth, and Lubbock have only one or two active judges.

Recently, a case from Amarillo, where U.S. District Judge Matthew Kacsmaryk, appointed by former President Donald Trump, suspended the approval of the abortion pill mifepristone, made its way to the U.S. Supreme Court. The Supreme Court, while allowing the pill to remain available during the appeal, indicated skepticism towards upholding restrictions on it.

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