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Let’s talk the Judiciary


Satchel

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Couldn’t find an appropriate thread in which to post this:

https://news.yahoo.com/mitch-mcconnell-urges-courts-ignore-214428726.html

Let’s end judge shopping:

Senate Minority Leader Mitch McConnell, R-Ky., on Thursday criticized a move made by the federal judiciary to restrict the practice of "judge-shopping," an approach conservative lawyers have recently used in high-profile cases in an effort to find a sympathetic jurist.

McConnell said on the Senate floor that the U.S. Judicial Conference, the policymaking body of the judiciary, was effectively siding with Democrats, who have complained about conservative groups and Republican attorneys general filing contentious lawsuits in single-judge divisions.

"This was an unforced error by the Judicial Conference," McConnell said. "I hope they will reconsider."

 

He suggested that district courts could resist applying the new policy.

"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.

McConnell, joined by two fellow Republicans, Sens. John Cornyn, R-Texas, and Thom Tillis, R-N.C., have also sent letters to judges around the country making that point.

Recent examples of judge-shopping include several cases filed in Texas, including the conservative bid to overturn federal approval of the abortion pill mifepristone. That was filed in Amarillo, where it was guaranteed the judge would be Matthew Kacsmaryk, a former conservative legal activist appointed by then-President Donald Trump.

The new policy, announced this week, would ensure that any cases seeking to block state or federal policies in federal district courts would be assigned randomly from larger pools of judges.

Some conservative judges have already criticized the move. It was described as a "good idea" by Judge Jeffrey Sutton, a conservative judge on the 6th U.S. Circuit Court of Appeals who chairs the Judicial Conference's executive committee.

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The Courts are all over the place on SB4

https://www.cbsnews.com/news/sb4-texas-immigration-law-blocked-again-after-supreme-court-allowed-state-to-arrest-migrants/

Hours after the Supreme Court gave Texas officials permission to jail and prosecute migrants suspected of crossing the U.S. southern border without authorization, an appeals court late Tuesday blocked the state from enforcing its controversial immigration law known as SB4.

In a late-night order, a 5th Circuit Court of Appeals panel dissolved a pause that it issued in early March to suspend a lower court ruling that found SB4 to be unconstitutional.

The order reinstated a ruling from U.S. District Court Judge David Ezra, who concluded in late February that SB4 conflicted with federal immigration laws and the Constitution.

Earlier on Tuesday, the Supreme Court denied a request from the Justice Department to void the initial 5th Circuit order that had paused Ezra's ruling. The high court allowed SB4 to take effect for several hours, though it's unclear whether Texas arrested any migrants under the law during that short time span.

Ezra's order blocking SB4 will stay in place until the 5th Circuit rules on Texas' request to allow the law to be enforced while the appeals court considers its legality. A virtual hearing on that question is scheduled for Wednesday morning

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