Judge David Godbey of the Northern Texas federal district court division has decided not to follow new guidelines aimed at curbing the practice of judge shopping, which conservatives have used to challenge President Joe Biden’s policies. Senate Majority Leader Chuck Schumer criticized this decision, stating that allowing plaintiffs to choose their judge undermines the intent of the guidelines issued by the Judicial Conference to limit judge shopping.
Conservative activists have frequently engaged in judge shopping in the Northern Texas federal district courts, particularly targeting Judge Matthew Kacsmaryk, who has been favorable to their causes. Kacsmaryk’s courtroom in Amarillo has been the center of controversial decisions that have blocked Biden administration policies on a national level. The Judicial Conference issued guidelines to randomly assign judges for cases seeking national injunctions in an effort to address the increase in judge shopping.
After facing backlash from Republicans, the Judicial Conference clarified that the new guidelines were voluntary, leaving it up to the chief judges of each regional district court to decide whether to adopt them. Judge Godbey of the Northern Texas district court decided against implementing the guidelines, citing the consensus among district judges to maintain the current case assignment process. Schumer expressed disappointment in Godbey’s decision and threatened to pursue legislative options to address the issue.
Concerns about judge shopping by conservatives extend beyond political disputes, as poorly reasoned decisions from single-judge districts like Kacsmaryk’s have faced scrutiny even from the conservative Supreme Court. Justices expressed frustration with the lack of clarity and standing in cases brought through judge shopping, highlighting the potential for national implications stemming from localized decisions. The Supreme Court’s conservatives, including Justice Neil Gorsuch, have raised concerns about the trend of seeking nationwide injunctions through judge shopping.
While Godbey may have disregarded Schumer’s appeal to follow the new guidelines for curbing judge shopping, continued frustration from the Supreme Court could lead to more significant pressure for change. The practice of judge shopping has emerged as a contentious issue in the Northern Texas federal district courts, prompting debates over the role of judges in shaping national policies and the potential need for legislative intervention to address concerns about judge selection practices.
