By LINDSAY WHITEHURST (Associated Press)
WASHINGTON (AP) — Senate Republicans criticized a new federal courts policy on Thursday, aimed at reducing 'judge shopping,' which became well-known in a significant abortion medication case.
Minority Leader Mitch McConnell criticized the policy on the Senate floor and, with two other GOP senators, sent letters to twelve chief judges across the country suggesting they do not have to adhere to it.
The courts’ policy involves assigning random judges to cases with national implications, even in smaller divisions where all locally filed cases go before a single judge. Critics say this enables private or state attorneys to essentially choose which judge will hear their case, including suits that can affect the whole country.
Interest groups have always tried to file lawsuits before judges they think are supportive of their causes, but the practice received more attention after an unprecedented ruling halted approval of abortion medication.
The case was filed in Amarillo, Texas, and was likely to go before a judge appointed by former President Donald Trump, who is a former attorney for a religious-liberty legal group that supported conservative causes.
The Supreme Court eventually suspended the ruling and will be considering arguments on it later this month.
According to McConnell, cases seeking national injunctions have been increasing in recent years, and Senate Republicans have sought to reduce that practice. However, he called the court’s new approach an 'unforced error.'
“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,” he said.
The policy was adopted by the U.S. Judicial Conference, the governing body for federal courts. It is composed of 26 judges, 15 of whom were appointed by Republican presidents, and is led by Supreme Court Chief Justice John Roberts.
Judge Jeff Sutton, who belongs to the Cincinnati-based 6th Circuit Court of Appeals and chairs the conference’s executive committee, announced the policy. Sutton was appointed by President George W. Bush and worked for the late Justice Antonin Scalia.
Republican Sen. John Cornyn of Texas and Thom Tillis of North Carolina joined McConnell in letters to chief justices in affected areas, stating that the law allows district courts to establish their own rules.
Democrats, including Senate Majority Leader Chuck Schumer and Sen. Dick Durbin of Illinois, have supported the policy change, with Schumer stating that it would “go a long way to restoring public confidence in judicial rulings.”
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