Post by LFC on Mar 10, 2023 21:58:19 GMT
Republicans are using judge shopping more and more to drive their extremist, fascist agenda through. It's the same tactic that Trump used by managing to get Judge "Loose" Cannon.
You would think, based on the flurry of litigation unfolding there, that a lot of drama is going down in Amarillo, Texas.
Of the couple dozen lawsuits Texas Attorney General Ken Paxton (R) has filed against the Biden administration, over a third have been funneled through the relatively small city, despite its distance from the state capital.
But it’s got one thing going for it: Trump appointee Judge Matthew Kacsmaryk, who has already amenably batted down Biden administration policies on immigration, access to contraception and LBGTQ protections. Helpfully for Paxton and other right-wing litigants, Kacsmaryk gets 100 percent of the criminal and civil cases filed in the Amarillo division of the Northern District of Texas.
Kacsmaryk has come under nationwide scrutiny while he mulls a case shopped to him to revoke the Food and Drug Administration’s 20-year-old approval of mifepristone, a drug prescribed to induce abortion.
And Texas works out particularly well for judge shoppers — they can get a case into Kacsmaryk’s hands in Amarillo, or maybe into Reed O’Connor’s in Wichita Falls or Drew Tipton’s in Victoria — resting easy in the knowledge that the state is controlled by the ultra-conservative Fifth Circuit Court of Appeals. That leaves as liberals’ greatest hope for intervention…the Supreme Court.
This judge-shopping is a new flavor of an older, and bipartisan, practice. Opponents of Trump administration policies often sued in states governed by the Ninth Circuit Court of Appeals, then very liberal. Blue states have also chosen to file in generally friendly district courts — say, San Francisco — but which have an assortment of judges to be randomly assigned.
But the surgical specificity of targeting divisions of district courts overseen by one or two judges is newer. And it’s essentially a win-win proposition. Even if the district judge of choice is overturned at a higher level, he has the power to issue a nationwide injunction, blocking the administration policy not just for the parties on the lawsuit, but for the entire country.
Supporters of the Biden administration and many legal experts have railed against the dynamic, and at least one right-wing Supreme Court judge isn’t thrilled that a single lower court judge can put the brakes on any administration policy that comes before him.
“Talk about ways in which courts can interfere with the processes of government,” Justice Neil Gorsuch said during recent oral arguments on the Biden administration’s student debt plan. “Two individuals in one state who don’t like the program seek and obtain universal relief, barring it for anybody anywhere.”
The Justice Department too has been complaining about this gamesmanship more and more, accusing Paxton of judge shopping through court filings three times this year alone.
Of the couple dozen lawsuits Texas Attorney General Ken Paxton (R) has filed against the Biden administration, over a third have been funneled through the relatively small city, despite its distance from the state capital.
But it’s got one thing going for it: Trump appointee Judge Matthew Kacsmaryk, who has already amenably batted down Biden administration policies on immigration, access to contraception and LBGTQ protections. Helpfully for Paxton and other right-wing litigants, Kacsmaryk gets 100 percent of the criminal and civil cases filed in the Amarillo division of the Northern District of Texas.
Kacsmaryk has come under nationwide scrutiny while he mulls a case shopped to him to revoke the Food and Drug Administration’s 20-year-old approval of mifepristone, a drug prescribed to induce abortion.
And Texas works out particularly well for judge shoppers — they can get a case into Kacsmaryk’s hands in Amarillo, or maybe into Reed O’Connor’s in Wichita Falls or Drew Tipton’s in Victoria — resting easy in the knowledge that the state is controlled by the ultra-conservative Fifth Circuit Court of Appeals. That leaves as liberals’ greatest hope for intervention…the Supreme Court.
This judge-shopping is a new flavor of an older, and bipartisan, practice. Opponents of Trump administration policies often sued in states governed by the Ninth Circuit Court of Appeals, then very liberal. Blue states have also chosen to file in generally friendly district courts — say, San Francisco — but which have an assortment of judges to be randomly assigned.
But the surgical specificity of targeting divisions of district courts overseen by one or two judges is newer. And it’s essentially a win-win proposition. Even if the district judge of choice is overturned at a higher level, he has the power to issue a nationwide injunction, blocking the administration policy not just for the parties on the lawsuit, but for the entire country.
Supporters of the Biden administration and many legal experts have railed against the dynamic, and at least one right-wing Supreme Court judge isn’t thrilled that a single lower court judge can put the brakes on any administration policy that comes before him.
“Talk about ways in which courts can interfere with the processes of government,” Justice Neil Gorsuch said during recent oral arguments on the Biden administration’s student debt plan. “Two individuals in one state who don’t like the program seek and obtain universal relief, barring it for anybody anywhere.”
The Justice Department too has been complaining about this gamesmanship more and more, accusing Paxton of judge shopping through court filings three times this year alone.