The Biden administration’s Department of Justice (DOJ) has called on the federal judiciary to put in place a rule to address concerns over “forum shopping”. Defined as the practice wherein lawsuits are strategically filed in courts likely to yield favorable rulings against the federal government, forum shopping has been a long-standing issue in the legal landscape.
Elizabeth Shapiro, a lawyer at the DOJ, during the recent meeting of the Federal Judiciary’s Committee on Rules of Practice and Procedure mentioned a letter sent to an advisory committee last month advocating for this stance. Although not immediately available, this letter was described as extremely well-prepared and detailed.
The Chair of the Advisory Committee on Civil Rules, US District Judge Robin Rosenberg backed this up calling the DOJ’s understanding and support for the Committee’s authority crucial in ensuring necessary action is taken.
Forum shopping has been a hot topic in litigation, as conservative groups and Republican attorneys general have been reportedly filing lawsuits against the Biden administration in courts that are more likely to rule in their favor.
A case in point would be US District Judge Matthew Kacsmaryk’s courthouse in Amarillo where a number of conservative-led lawsuits against the Biden administration are filed owing to court’s assignment rules that allow for automatic assignment of all civil cases filed in his division to him. Schumer’s letter in April last year to David Godbey, the chief judge for the Northern District, called for a change in the judicial assignment rules of the court to avoid single-judge districts. This, along with a letter written by Senator Schumer and 17 other Senate Democrats to Judge Rosenberg last August, urging the judiciary to take action on the matter, highlighted the growing concern over the issue.
The Thursday meeting of the judicial committee concluded with attendees suggesting that even if federal courts cannot alter district courts’ assignment of cases, an examination of the issue must be undertaken. This would prepare them to weigh in if Congress or any other body decides to take any concrete action related to judicial assignments.
For more information, follow this link.