Texas federal court rejects policy aimed at curbing 'judge shopping'

A Texas federal court has chosen not to adopt a recent policy aimed at curbing "judge shopping." The decision was announced by Chief U.S. District Judge David Godbey.

U.S. Senate Majority Leader Chuck Schumer speaks during a press conference following the weekly Senate democratic caucus luncheons on March 20, 2024, at Capitol Hill in Washington. A federal court in Texas has decided not to follow a policy adopted by the judiciary's top policymaking body that aims to curtail the practice of "judge shopping." (REUTERS/Amanda Andrade-Rhoades/File Photo)

Following blowback from Senate Republicans and some conservative judges, judicial policymakers later clarified that the policy was discretionary, leaving it to each district court to decide how to implement it.

In his letter, Godbey, an appointee of Republican former President George W. Bush, said the judges in his district met on Wednesday. "The consensus was not to make any change to our case assignment process at this time," he said.

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His letter was first reported by Law360. Schumer's spokespeople did not respond to a request for comment on Saturday.

The U.S. District Court for the Northern District of Texas has 11 active judges and is divided into seven divisions. Most judges are in Dallas, but some smaller divisions like Amarillo, Fort Worth and Lubbock have just one or two active judges.

The U.S. Supreme Court heard arguments on Tuesday in a case arising from one of these small courts, in which U.S. District Judge Matthew Kacsmaryk - an appointee of Republican former President Donald Trump in the single-judge division of Amarillo - suspended approval of the abortion pill mifepristone.

The Supreme Court has allowed the pill to remain on the market while it considers the appeal. Justices signaled during Tuesday's arguments they were unlikely to uphold restrictions.

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