Judge Shopping: The End Of America? How Both Political Parties Game the Courts
The Bipartisan Art of Picking Your Perfect Judge, Why Democrats and Republicans Now Love Judge Shopping.
Judge shopping, also known as forum shopping, is a legal strategy employed by litigants to file lawsuits in specific courts or jurisdictions where they believe the presiding judges are more likely to rule favorably on their case. This practice exploits the decentralized nature of the U.S. judicial system, where cases can often be filed in multiple venues based on factors like where the parties reside, where the events occurred, or where the impact is felt. By selecting a district or division with a known ideological lean—such as conservative-leaning judges in rural Texas or liberal-leaning ones in urban California—plaintiffs aim to increase their chances of success.
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While not illegal, judge shopping raises concerns about impartiality and the potential for inconsistent rulings across the country, as it can lead to “judge-specific” outcomes rather than uniform application of the law. It can occur in any state or county, depending on the case’s nexus to that location, and is particularly prevalent in high-stakes issues like abortion rights, gun control, environmental regulations, and election laws.Both major political parties, Democrats and Republicans, have increasingly utilized judge shopping when in power to advance their agendas through the courts.
Republican attorneys file challenges to federal policies and judge shop in venues like the Northern District of Texas or Florida to block democrat actions, where judges appointed by GOP presidents are predominant, leading to nationwide injunctions against Democratic initiatives such as immigration reforms or vaccine mandates.
Democrat attorneys judge shop and file with sympathetic judges in districts like those in New York or California to block Republican-led actions, leading to nationwide changes on voting rights, more taxes, carbon credits, restrictions or environmental rollbacks.
This bipartisan tactic highlights a strategic arms race in litigation, where the party controlling the executive branch or aligned interest groups seek out ideologically aligned judges to either uphold or dismantle policies, often resulting in cases being funneled to a single judge who predictably accepts and rules on them in a manner that aligns with the filer’s goals.
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