What is ‘Judge-Shopping’ and Why Is It Dangerous?
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What is ‘Judge-Shopping’ and Why Is It Dangerous?
Throughout the second Trump administration, judges have been opposing and blocking the President’s agenda at every turn. The left was able to pull this off through “judge shopping,” a strategy that President Trump called “[the Left’s] final weapon.”
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From Breitbart:
Judge-shopping is a straightforward idea: A politically interested party will bring a case to a court with mostly favorable judges to make it likely they get their desired outcome. For example, some courts have only one judge, so it can be easy to anticipate how a judge will rule if you bring the case to that judge’s court. Other powerful courts, such as the D.C. District Court, is composed of mostly of judges who appear to be ideologically on the left. The venue rules for federal cases (28 U.S.C. § 1391) make it so that virtually every case brought against the federal government can be filed in that court since it is often where the defendant resides or where the relevant events occurred.
Breitbart News Senior Contributor Peter Schweizer credits Marc Elias, a high priest of lawfare if there ever was one, with popularizing the venue-shopping tactic. According to Schweizer, Elias was able to swing the highly contested 2008 Minnesota senate race for Democrat Al Franken over Republican Norm Coleman by finding a specific court to legitimize over a thousand ballots that had previously been rejected because they had potentially been cast by convicted felons.
The recount and trial lasted six months, the longest re-count in American history; and in the end, the former Saturday Night Live actor won a narrow victory. According to Schweizer, Elias engineered this feat by venue-shopping for a favorable court. A subsequent study suggested that many felons did in fact illegally vote in the race, which may well have tipped the election to Franken. That race gave the Democrats a filibuster-proof 60-vote majority in the Senate, which allowed then-President Obama to pass enormous pieces of legislation such as Obamacare.
Breitbart notes that Boasberg, the judge that ordered President Trump to return a plane full of deported Venezuelans, has been a key part of the left’s judge-shopping strategy. He, however, is not the only judge attacking President Trump. The news site also mentions Judge Juan Merchan, the judge that presided over President Trump’s hush money case last year. According to Breitbart, he showed that “the jury instructions and other peculiarities of a particular judge’s courtroom can determine the outcome of the case.”
Breitbart calls judge-shopping “manipulative, against the spirt of judicial impartiality, and highly effective.” This is an accurate description. The practice runs counter to the very idea of blind, impartial justice. Breitbart is absolutely right in calling for the strategy to be ended immediately.
Let’s pray for an end to this manipulative practice and the injustice it leads to, and let’s pray for a return to biblical justice in America!
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(Excerpt from Breitbart. Photo Credit: NARA Photo by Susana Raab)
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Comments
Why are Christians asked to support Israel? Isn’t Israel guilty of human atrocities as well? Is it true that Israelis today are not the same as the Israelis of the Bible?
I support Israel because she is a democracy and liberty loving country.