Four times recently, the Justice Department has objected to the filing of a lawsuit before Texas judges known to be conservatives. The first appeal succeeded.
It’s part of the administration’s first concerted effort to fight what some legal experts say is a growing problem of “forum shopping” — a strategy in which plaintiffs are alleged to cherry-pick judges they want to hear their cases, bucking the random assignment of judges that is considered a tenet of the American legal system.
The Justice Department appeared to tread carefully in its requests, trying to assure the judges that the government believes they would be impartial, but still asking them to transfer the lawsuits to a district with a more pertinent connection to the case. Even the perception of judge shopping, the federal government argued, could erode public trust in the justice system.
At the very least, the Justice Department contended, the judges should consider transferring the cases to Texas divisions with multiple judges to avoid the perception of judge shopping.
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