Senate Republicans voiced their concerns on Thursday regarding a new federal courts policy aimed at curtailing “judge shopping,” a practice that gained widespread attention during a significant abortion medication case.
In a statement on the Senate floor, Minority Leader Mitch McConnell criticized the policy and, along with two other GOP senators, sent letters to a dozen chief judges across the nation, advising them that they are not obligated to adhere to it.
The policy implemented by the courts stipulates that cases with national significance should receive random judge assignments, even in smaller divisions where all locally filed cases are typically handled by a single judge. Critics argue that in these single-judge divisions, private or state attorneys can effectively select the judge who will preside over their case, including lawsuits that could impact the entire country.
Interest groups have historically sought to file lawsuits before judges they perceive as sympathetic to their causes. However, this practice drew increased scrutiny following an unprecedented ruling that halted the approval of abortion medication. The case was filed in Amarillo, Texas, where it was anticipated to be assigned to a judge appointed by former President Donald Trump, who had previously served as an attorney for a conservative legal group advocating for religious liberty.
The Supreme Court intervened by putting the ruling on hold and is scheduled to hear arguments on the matter later this month.
Senate Republicans, led by McConnell, have aimed to curb the growing trend of cases seeking national injunctions in recent years. However, McConnell referred to the courts’ new approach as an “unforced error,” urging them to reconsider.
He stated, “I hope they will reconsider. And I hope district courts throughout the country will instead weigh what is best for their jurisdictions, not half-baked ‘guidance’ that just does Washington Democrats’ bidding.”
The policy was established by the U.S. Judicial Conference, the governing body for federal courts, which comprises 26 judges, 15 of whom were appointed by Republican presidents. It is overseen by Supreme Court Chief Justice John Roberts and was announced by Judge Jeff Sutton of the Cincinnati-based 6th U.S. Circuit Court of Appeals, who serves as chair of the conference’s executive committee.
Republican Senators John Cornyn of Texas and Thom Tillis of North Carolina joined McConnell in sending letters to chief justices in affected regions, emphasizing that district courts have the authority to establish their own procedures.
In contrast, Democrats, including Senate Majority Leader Chuck Schumer and Senator Dick Durbin of Illinois, have applauded the policy change, with Schumer asserting that it would “go a long way to restoring public confidence in judicial rulings.”
