The federal judiciary’s new rules target “judge shopping.” That’s terrible news for Matthew Kacsmaryk and other partisan judges.
Plaintiffs hoping to reshape federal or state policies will no longer be allowed to choose which judge will hear their case, at least in federal court. A new policy announced Tuesday by the Judicial Conference of the United States, a government body that sets policy for federal courts, targets rules in some federal courts that the conference said “risked creating an appearance of ‘judge shopping.’”
At least in the short term, this policy is a massive victory for the Biden administration — and, indeed, for anyone who believes that federal and state policies should not rise and fall based on one outlier judge’s partisan views.
Texas’s Republican Attorney General Ken Paxton, for example, has been very aggressive in bringing lawsuits that challenge Biden administration policies before right-wing judges who have then issued sweeping, nationwide orders blocking those policies — sometimes on highly dubious grounds that are reversed, months later, by the Supreme Court.
Well… the Fifth Circuit will continue to make terrible, unconstitutional rulings, but at least they won’t get to pick and choose.
America never fails to surprise me, you get to choose judges for a case?? Is judiciary a joke? Lol
deleted by creator
You’re not supposed to be able to choose a judge like this, judges are supposed to be assigned at random our of the pool of trial judges in the district. But the problem is that some districts are subdivided further, to the point where the pool in the subdivided area consists of one judge, and you can guarantee a trial goes to that judge simply by finding someone to file who lives in the right zip code.
I don’t know if it’s still true, but there was a time that a lot of companies owned assets in East Texas because the judges (mainly T. John Ward) there were so friendly to patent trolls. A friend of mine did technical work for one of the law firms involved in TiVo vs. Dish. One company is headquartered in California, the other in Colorado. Where was the lawsuit? The Eastern District of Texas.
Yes. Yes it is.
The issue is that the federal courts are divided into circuits, and each circuit handles cases from multiple states. So there’s not a single centralized federal court (except the SCOTUS, of course.) And the fifth circuit is basically balls to the wall crazy conservative. So if you can get your trial heard by the fifth circuit, it will land in front of a wildly conservative judge who won’t even try to maintain the image of impartiality.
The fifth circuit just so happens to take cases from Texas, Louisiana, and Mississippi. This means that the two extremely conservative states (Texas and Mississippi) have been able to leverage the court to challenge pretty much any left-leaning laws they want.
Yes, 45s classified documents case is being handled by the legal equivilent of the three kids in a trench coat, that he appointed to the district his cases would be heard in. Between the mishandling of evidence, accidental release of the names of wittnesses and inability to stick to established protocol, im amazed they havent been thrown off the case or disbarred.
You’re giving “Judge” Cannon way more benefit of the doubt than she deserves. Everything she’s done has been calculated and deliberate to torpedo the case and help Trump.
There is no benefit of doubt from me, the problem is that the judicial system is hesitant to punish one of their own. Expecially when the most recent appointees are on-board with the malpractice. Hanlon’s razor is how I normally try to view things and it is deeply concerning that it does not apply here.
That is for the best.
