Berliner Boersenzeitung - Judge shopping: It's all-American, but is it fair?

EUR -
AED 4.098593
AFN 71.425776
ALL 90.641933
AMD 401.92437
ANG 1.997438
AOA 1024.507986
ARS 1713.276213
AUD 1.587859
AWG 2.011628
AZN 1.901667
BAM 1.949792
BBD 2.248044
BDT 138.563061
BGN 1.950617
BHD 0.421417
BIF 3349.5993
BMD 1.116021
BND 1.425951
BOB 13.533664
BRL 6.070937
BSD 1.116196
BTN 105.924423
BWP 15.421038
BYN 3.287873
BYR 21874.017971
BZD 2.244764
CAD 1.559696
CDF 2583.589771
CHF 0.919829
CLF 0.028064
CLP 1108.120336
CNY 7.433934
CNH 7.424962
COP 3592.930214
CRC 507.552053
CUC 1.116021
CUP 26.786466
CVE 109.925805
CZK 24.347166
DJF 198.339749
DKK 7.474892
DOP 67.65397
DZD 151.559089
EGP 62.483993
ERN 16.74032
ETB 180.194744
FJD 2.504022
FKP 0.83439
GBP 0.833349
GEL 2.905964
GGP 0.83439
GHS 13.003284
GIP 0.83439
GMD 82.585975
GNF 9878.562262
GTQ 8.532709
GYD 233.955428
HKD 8.756583
HNL 29.999566
HRK 7.55436
HTG 146.234664
HUF 365.988466
IDR 20237.651703
ILS 3.509396
IMP 0.83439
INR 105.929959
IQD 1691.986666
IRR 2085190.984464
ISK 135.965309
JEP 0.83439
JMD 177.362717
JOD 0.791303
JPY 175.935226
KES 144.938119
KGS 97.594619
KHR 4554.029374
KMF 492.165795
KPW 1004.419149
KRW 1488.125583
KWD 0.347273
KYD 0.93013
KZT 506.070699
LAK 25130.46894
LBP 99950.420445
LKR 371.24612
LRD 189.732847
LSL 18.600389
LTL 3.295321
LVL 0.675071
LYD 7.174861
MAD 10.974337
MDL 19.979156
MGA 5048.625172
MKD 61.390843
MMK 2343.543963
MNT 4015.314413
MOP 9.01889
MRU 45.260167
MUR 52.765911
MVR 17.242952
MWK 1934.989941
MXN 20.966362
MYR 4.529042
MZN 71.325344
NAD 18.600389
NGN 1502.689654
NIO 41.073445
NOK 10.276887
NPR 169.478878
NZD 1.981924
OMR 0.428888
PAB 1.1163
PEN 3.863097
PGK 5.079327
PHP 71.162546
PKR 308.772114
PLN 4.405216
PYG 6538.852546
QAR 4.068664
RON 5.337042
RSD 117.488072
RUB 90.019153
RWF 1647.601281
SAR 4.18999
SBD 8.99313
SCR 15.350293
SDG 671.290929
SEK 10.966253
SGD 1.426614
SHP 0.835158
SLE 25.56098
SLL 23402.414084
SOS 637.843256
SRD 41.984169
STD 23099.388191
STN 24.425506
SVC 9.765909
SYP 14510.508917
SZL 18.595371
THB 37.677292
TJS 10.273707
TMT 3.906075
TND 3.337716
TOP 2.687111
TRY 55.728194
TTD 7.567683
TWD 36.406294
TZS 2947.633334
UAH 50.62483
UGX 4743.533032
USD 1.116021
UYU 44.873345
UZS 13387.231203
VES 990.446387
VND 28797.256261
VUV 133.049232
WST 3.095733
XAF 655.957
XAG 0.022721
XAU 0.000287966488
XCD 3.016104
XCG 2.011502
XDR 0.789085
XOF 655.957
XPF 119.331742
YER 263.608242
ZAR 18.668185
ZMK 10045.535151
ZMW 22.507256
ZWL 359.358411
SSP 6411.76467
MXV 2.363023
  • CMSD

    -0.1200

    19.81

    -0.61%

  • JRI

    0.0000

    10.77

    0%

  • BCC

    -1.8200

    74.15

    -2.45%

  • CMSC

    -0.2228

    19.53

    -1.14%

  • BCE

    0.2000

    20.34

    +0.98%

  • RIO

    0.0100

    94.17

    +0.01%

  • AZN

    -2.7400

    161.47

    -1.7%

  • GSK

    -1.1800

    48.17

    -2.45%

  • RBGPF

    0.0000

    65

    0%

  • NGG

    0.8800

    75.82

    +1.16%

  • RYCEF

    -0.7300

    19.08

    -3.83%

  • BTI

    -0.4500

    54.4

    -0.83%

  • BP

    0.4700

    43.99

    +1.07%

  • RELX

    -0.0600

    33.18

    -0.18%

  • VOD

    -0.1800

    16.15

    -1.11%

Judge shopping: It's all-American, but is it fair?
Judge shopping: It's all-American, but is it fair? / Photo: Moisés ÁVILA - AFP/File

Judge shopping: It's all-American, but is it fair?

It's an open secret in the United States that lawyers go "judge shopping" for favorable decisions, but the practice of filing suits in select jurisdictions has come under renewed scrutiny following an abortion case with national ramifications.

Text size:

Plaintiffs have always tried to choose an advantageous court when working within the judicial system -- at which point a case might land before any number of judges.

However the strategy of going before a court with only one judge -- whose viewpoints are well documented -- is the practice known as judge shopping that is raising eyebrows.

When actor Johnny Depp sued his ex-wife Amber Heard after she described herself as a victim of domestic abuse in the Washington Post, Depp did not take the matter to court in California, where he lives.

The actor instead filed his suit in Virginia, where defamation law is more favorable to the plaintiff -- a strategic decision made possible by the fact that the paper's servers and printing facilities are located in that state.

"The plaintiff will choose the most favorable forum, based on any of several factors, including how the relevant procedures, convenience, and how receptive the judges are," Bruce Green of Fordham Law School told AFP.

While plaintiffs can choose their court, they are not supposed to be able to choose a judge, particularly at the federal level.

Federal judges are generalists, and the cases that arrive in their courts are supposed to be distributed at random.

But in some places, like the Lone Star state, geography has introduced interesting possibilities: "There are a lot of places in Texas that are very remote thereby there is really only enough demand for one judge," said Joshua Blackman, a constitutional law professor at South Texas College of Law.

"So we have these single-judge divisions."

- 'Activist judge' -

Such is the case in Amarillo, a city in the Texas Panhandle where the only federal judge, Matthew Kacsmaryk, was appointed by former president Donald Trump.

Kacsmaryk brought to the bench an ultraconservative track record and background serving as a lawyer for conservative Christian organizations.

Abortion opponents strategically formed a new association in Amarillo, the Alliance for Hippocratic Medicine, and three months later filed a suit challenging the legality of the abortion pill mifepristone, confident it would land on Kacsmaryk's desk.

On Friday, he ruled as expected on the side of the association, which as of April 15 could effectively suspend US authorization of the drug.

His decision elicited strong reactions on the left, with Democratic Senate Majority Leader Chuck Schumer describing it as a ruling from an "extremist judge who is vehement in his desire to take women’s rights away."

Judge shopping has happened for a long time, but the focus has recently shifted to issues of national interest with drastic consequences, thus raising new concerns, Green said.

The far-reaching nature of Kacsmaryk's decision was not the first time in recent history that a judge has issued such a sweeping order. Other judges have issued national injunctions to block policies adopted by Trump, Barack Obama and Joe Biden.

- 'Handpicked' outliers -

For Blackman, two factors have fueled this trend.

In 2014, facing Republican roadblocks, the Democratic Party-controlled US Senate changed its rules for confirming presidents' picks for federal judgeships -- stipulating that a nominee could be approved by a simple majority instead of the prior three-fifths requirement.

Since presidents no longer needed broader support, they were free to "appoint judges who are further from the center... judges who have more of an ideological background," Blackman said.

At the same time, state attorneys general -- elected officials themselves -- have become more aggressive against administrations of the opposite party.

Texas Attorney General Ken Paxton, who has filed 26 lawsuits against the Biden administration over just two years -- including seven in Amarillo -- epitomizes the excesses of judge shopping, says law professor Steve Vladeck.

The practice is an old problem, but Paxton "has made the loophole into an art form," he wrote in a New York Times editorial.

If nothing is done, he said, "handpicked, outlier district judges for whom nobody voted are increasingly able to dictate federal policies on a nationwide basis."

(Y.Yildiz--BBZ)