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.
It is important to remember that despite the recent use of judge shopping by conservative groups this is a thing that is done by liberal groups too. And had contributed to the increasing lack of trust in the judicial system. This is a good change in judicial policy and was not done by either the Democrats or Republicans. It was done by the judges themselves.