Tell your Senators: End the Corrupt Practice of Judge Shopping Now!
For far too long, Americans have watched as the corporate lobby and right-wing activists have shopped around for their forum and their judges -- all for the purpose of destroying hard-fought, pro-consumer reforms.
That’s right: they get to choose the court and the judge that’s most likely to rule in their favor. This practice, especially since Trump’s right-wing appointments to the judiciary, has become commonplace. So, corporations and right-wingers have won cases that amount to nationwide attacks on consumer and civil rights, reproductive healthcare, LGBTQ+ rights, and our environment.
This practice makes a mockery of the principle of fair and equal administration of justice.
The Fifth Circuit -- which covers Texas, Louisiana and Mississippi -- is now the favorite place for right-wing judicial activism, and the main forum in which the Chamber of Commerce and other corporate lobbies try to tear down important consumer and investor protections.
The Fifth Circuit ruled the funding mechanism of the successful watchdog Consumer Financial Protection Bureau unconstitutional, a decision so crazy that even the right-wing Supreme Court reversed it. But the Fifth Circuit has also produced rulings that stopped investor protections vis-a-vis private equity and hedge funds and that froze regulations aimed at stopping lending discrimination. And a few weeks ago, it stopped CFPB’s plan to cap credit card late fees.
And, of course, the Fifth Circuit has been ground zero for the destruction of reproductive rights. The infamous Dobbs decision that overturned Roe v. Wade was a product of the Fifth Circuit. Also, right-wingers figured out that if they file a reproductive rights case in Amarillo, Texas, it automatically goes to Judge Matthew Kacsmaryk, a virulent opponent of reproductive rights. He tried to ban the abortion pill, mifepristone, a case now before the Supreme Court.
In March, the Judicial Conference, which serves as the national coordinating body for the federal courts, adopted a policy to curb judge shopping by pushing for random case assignments. However, following heavy criticism from Republican Senators, the Judicial Conference backtracked and announced that the new policy was optional. Judges in the Fifth Circuit promptly announced they would ignore the policy.
So now it’s up to Congress to act to prevent this abusive and justice-undermining practice -- and Senators Schumer, Hirono and Whitehouse have recently introduced legislation, the End Judge Shopping Act, to codify the Judicial Conference’s new policy into law and curtail the dangerous practice of judge-shopping.
Click “start writing” to send a letter to your Senators demanding the passage of the End Judge Shopping Act become now. Based on where you live and whether your Senators are already co-sponsors of the legislation, we’ll have different versions of the letter for you to submit.