Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

douglas9

(4,474 posts)
Tue Feb 14, 2023, 12:17 PM Feb 2023

Republicans can choose the judge who hears their lawsuits. DOJ wants to stop that

Last week, the Justice Department decided to confront one of the most pernicious and exploited glitches in America’s courts.

There are a handful of federal trial judges in Texas — Matthew Kacsmaryk, Drew Tipton, and Reed O’Connor are probably the best known among them — who have largely behaved as rubber stamps for whatever far-right cause shows up in their courtrooms. If you want a court order attempting to repeal Obamacare, or locking in Trump-era immigration policies, or attacking the right to birth control, these guys are happy to deliver.

Ordinarily, the fact that a few trial judges hold extreme views would be unfortunate, but hardly a crisis. According to the Federal Judicial Center, there are 71 federal trial judges in the state of Texas, and federal lawsuits are supposed to be randomly assigned to a local federal judge shortly after they are filed. So, if Texas’s federal courts were functioning properly, judges like Kacsmaryk or Tipton would only occasionally be assigned cases brought by litigants with a political agenda.

But the case assignments process in Texas is not functioning properly. Texas federal courts assign 100 percent of all cases filed in Amarillo to Kacsmaryk. They assign virtually all cases filed in Victoria to Tipton. That means that right-wing litigants can guarantee their lawsuit will be heard by an allied judge simply by filing their suit in one of these two cities.

https://www.vox.com/policy-and-politics/2023/2/14/23597741/supreme-court-matthew-kascmaryk-judge-shopping-texas-utah-walsh-justice-department


3 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Republicans can choose the judge who hears their lawsuits. DOJ wants to stop that (Original Post) douglas9 Feb 2023 OP
Thank God they're finally tackling the problem, because you know Baitball Blogger Feb 2023 #1
Democrats do this too LeftInTX Feb 2023 #2
K&R Yo_Mama_Been_Loggin Feb 2023 #3

Baitball Blogger

(48,033 posts)
1. Thank God they're finally tackling the problem, because you know
Tue Feb 14, 2023, 12:39 PM
Feb 2023

that systemic racism problem we have? It's glitches in the system like this one that promulgates it.

LeftInTX

(29,998 posts)
2. Democrats do this too
Tue Feb 14, 2023, 03:31 PM
Feb 2023

They get a Democratic judge.
Judge rules in their favor
DU gets excited
Republicans appeal
5th Court of Appeals reverses district judge

Also by filing in a specific jurisdiction, they are more likely to get a judge of a certain party. I'm surprised that Victoria County even has a federal courthouse! Do they even have more than one judge??

Latest Discussions»Region Forums»Texas»Republicans can choose th...