McConnell Criticizes Anti ‘Judge Shopping’ Policy
McConnell Calls for Reconsideration of Federal Policy
U.S. Senate Republican leader Mitch McConnell criticized the adoption of a federal policy aimed at curbing “judge shopping” by conservative litigants. This practice is used to steer cases challenging President Joe Biden’s agenda to sympathetic judges. McConnell urged the U.S. Judicial Conference to reconsider the policy, emphasizing the need for cases challenging laws to be randomly assigned judges.
McConnell’s Disapproval of the Policy
In his remarks on the Senate floor, McConnell expressed concern over the policy’s implications. He criticized the 26-member Judicial Conference for what he referred to as an “unforced error.” McConnell highlighted the importance of district courts considering the best interests of their jurisdictions rather than following guidance that he believed favored Washington Democrats.
Impact of the New Policy
The new policy mandates that lawsuits seeking to block federal or state laws be randomly assigned judges throughout a federal district. This change aims to prevent litigants from targeting specific judges in certain divisions, as previously allowed. The tactic of “judge shopping” gained attention for enabling litigants to choose judges favorable to their views on contentious issues like abortion, immigration, and gun control.
Response to Calls for Change
The move to adopt the new policy comes in response to calls from various stakeholders, including Democratic lawmakers, the Biden administration, and civil rights groups. They advocated for a fairer system that ensures cases challenging national policies are heard by judges selected at random. By promoting public confidence in the courts, the policy seeks to address concerns surrounding pre-selection of judges in cases with significant societal impact.
McConnell’s Critique of Nationwide Injunctions
McConnell pointed out that the new policy did not address the issue of nationwide injunctions issued by a single judge, which he believes has been a growing concern across administrations. He criticized the decision to restrict access to conservative judges while retaining the practice of nationwide injunctions. McConnell suggested that legislation could be a more effective solution to curbing such injunctions.
Challenges and the Way Forward
During the Trump administration, there were frequent lawsuits filed in venues with judges appointed by Democratic presidents. McConnell highlighted the need for a balanced approach to address legal challenges and ensure fairness in the judicial system. As discussions continue on the implications of the new policy, the debate surrounding “judge shopping” and nationwide injunctions is likely to persist.
