-
Oil prices extend rally as US strikes on Iran revive geopolitical fears
-
Chinese repairwomen smash stereotypes with power tools
-
Iraq's holy cities to host funeral processions for Khamenei
-
Ecuador's Death Canal: watery grave for victims of gang violence
-
In Venezuela's quake ruins, a baby is born
-
'Unique event': Solar eclipse fever fills empty Spain
-
What to know about the total solar eclipse due in August
-
Venezuela says Caracas airport to reopen to commercial flights 'soon as possible'
-
Trump, NATO allies to begin key talks at Turkey summit
-
World Cup: Eight teams remain in the hunt for glory
-
Former Real Madrid coach Arbeloa named Fulham manager
-
'A nice surprise': Marathon man Djokovic revels in Wimbledon epic
-
Messi inspires Argentina great escape over Egypt, Swiss advance
-
Switzerland beat Colombia on penalties to reach World Cup quarter-finals
-
US strikes Iran after Hormuz attacks, Tehran threatens response
-
Djokovic survives Wimbledon's longest quarter-final to book Sinner blockbuster
-
Djokovic wins five-hour epic to earn Sinner showdown at Wimbledon
-
'Flunked': US soccer seeks answers as World Cup dream shattered
-
US strikes Iran after Hormuz tanker attacks: military
-
Mbappe revels in captain's role for France at World Cup
-
Messi 'didn't want to go home' as Argentina comeback stuns Egypt
-
Iyer's India 'atrocious' in record 125-run T20 defeat by England
-
Netflix strikes deals in short-form video push
-
Rain hands West Indies series win over Sri Lanka
-
The height factor: how a small building survived Venezuela's quakes
-
World Cup exit puts another nail in America's summer of fun
-
Egypt 'cheated' in controversial World Cup exit to Messi's Argentina, says Hassan
-
US revokes Iran oil waiver after Hormuz tanker attacks
-
Global AI industry falls short on safety, think tank warns
-
England quicks star as India suffer record 125-run T20 defeat
-
'History made': Egyptian pride despite World Cup heartbreak
-
Cardinal tipped to be pope accused of molesting several women
-
How rescuers carried out 180-hour 'miracle' amid Venezuela's ruins
-
How rescuers carried out 180-hour 'miracle' amid Venzuela's ruins
-
Victorious Belgian footballers troll Trump with YMCA dance
-
I can still win another Grand Slam, says Osaka after Wimbledon exit
-
Scotland boss Townsend expects Russell will face Springboks
-
France's Le Pen says still running for president
-
Messi inspires Argentina great escape over Egypt
-
Argentina produce epic World Cup fightback to beat Egypt, reach quarters
-
Zverev, Cobolli targeting rematch at Wimbledon
-
Canada province preparing lawsuit against OpenAI over school shooting
-
Colombia president-elect accuses outgoing leader of 'coup' plotting
-
Lidl-Trek celebrate 'perfect' day at Tour de France
-
IOC eases restrictions on Russians before 2028 LA Games as anthem, flag ban remains
-
Cavs agree on Mitchell deal as LeBron watches: report
-
Muchova ends Osaka run to reach Wimbledon semis
-
Turkish delight: Trump revels in Erdogan's lavish welcome
-
Mexico probing if US violated sovereignty in 2024 drug lord capture
-
Nigeria's Dangote confirms Lamu, Kenya for east Africa mega-refinery
Judge shopping: It's all-American, but is it fair?
It's an open secret in the United States that lawyers go "judge shopping" for favorable decisions, but the practice of filing suits in select jurisdictions has come under renewed scrutiny following an abortion case with national ramifications.
Plaintiffs have always tried to choose an advantageous court when working within the judicial system -- at which point a case might land before any number of judges.
However the strategy of going before a court with only one judge -- whose viewpoints are well documented -- is the practice known as judge shopping that is raising eyebrows.
When actor Johnny Depp sued his ex-wife Amber Heard after she described herself as a victim of domestic abuse in the Washington Post, Depp did not take the matter to court in California, where he lives.
The actor instead filed his suit in Virginia, where defamation law is more favorable to the plaintiff -- a strategic decision made possible by the fact that the paper's servers and printing facilities are located in that state.
"The plaintiff will choose the most favorable forum, based on any of several factors, including how the relevant procedures, convenience, and how receptive the judges are," Bruce Green of Fordham Law School told AFP.
While plaintiffs can choose their court, they are not supposed to be able to choose a judge, particularly at the federal level.
Federal judges are generalists, and the cases that arrive in their courts are supposed to be distributed at random.
But in some places, like the Lone Star state, geography has introduced interesting possibilities: "There are a lot of places in Texas that are very remote thereby there is really only enough demand for one judge," said Joshua Blackman, a constitutional law professor at South Texas College of Law.
"So we have these single-judge divisions."
- 'Activist judge' -
Such is the case in Amarillo, a city in the Texas Panhandle where the only federal judge, Matthew Kacsmaryk, was appointed by former president Donald Trump.
Kacsmaryk brought to the bench an ultraconservative track record and background serving as a lawyer for conservative Christian organizations.
Abortion opponents strategically formed a new association in Amarillo, the Alliance for Hippocratic Medicine, and three months later filed a suit challenging the legality of the abortion pill mifepristone, confident it would land on Kacsmaryk's desk.
On Friday, he ruled as expected on the side of the association, which as of April 15 could effectively suspend US authorization of the drug.
His decision elicited strong reactions on the left, with Democratic Senate Majority Leader Chuck Schumer describing it as a ruling from an "extremist judge who is vehement in his desire to take women’s rights away."
Judge shopping has happened for a long time, but the focus has recently shifted to issues of national interest with drastic consequences, thus raising new concerns, Green said.
The far-reaching nature of Kacsmaryk's decision was not the first time in recent history that a judge has issued such a sweeping order. Other judges have issued national injunctions to block policies adopted by Trump, Barack Obama and Joe Biden.
- 'Handpicked' outliers -
For Blackman, two factors have fueled this trend.
In 2014, facing Republican roadblocks, the Democratic Party-controlled US Senate changed its rules for confirming presidents' picks for federal judgeships -- stipulating that a nominee could be approved by a simple majority instead of the prior three-fifths requirement.
Since presidents no longer needed broader support, they were free to "appoint judges who are further from the center... judges who have more of an ideological background," Blackman said.
At the same time, state attorneys general -- elected officials themselves -- have become more aggressive against administrations of the opposite party.
Texas Attorney General Ken Paxton, who has filed 26 lawsuits against the Biden administration over just two years -- including seven in Amarillo -- epitomizes the excesses of judge shopping, says law professor Steve Vladeck.
The practice is an old problem, but Paxton "has made the loophole into an art form," he wrote in a New York Times editorial.
If nothing is done, he said, "handpicked, outlier district judges for whom nobody voted are increasingly able to dictate federal policies on a nationwide basis."
D.Moore--AMWN