U.S. Senator Mazie K. Hirono, along with Senate Majority Leader Chuck Schumer and Senator Sheldon Whitehouse, have introduced legislation aimed at curbing the harmful practice of judge shopping in federal courts. Senator Hirono emphasized the importance of addressing judge shopping, stating, “Activist plaintiffs should not be able to hand-pick individual judges to overturn laws they dislike." The proposed End Judge Shopping Act would require random assignment for cases involving broad injunctions, promoting fairness and uniformity in district courts.
The legislation comes in response to concerns about right-wing activists manipulating the judicial system by selecting judges for their civil cases, resulting in decisions that impact a wide range of issues including abortion access, LGBTQ+ rights, and the environment. The Judicial Conference recently announced a policy to discourage judge shopping by mandating random assignment of judges for high-profile cases seeking to challenge statewide or national policies. However, the U.S. District Court for the Northern District of Texas declined to adopt this new rule.
In addition to Senators Hirono, Schumer, and Whitehouse, the End Judge Shopping Act is co-sponsored by a group of 37 senators, including Ron Wyden, Jeanne Shaheen, and Elizabeth Warren. The legislation aims to strengthen trust in the federal justice system by ensuring that major cases are assigned randomly rather than based on the perceived ideologies of specific judges.
Senator Hirono, a member of the Senate Judiciary Committee, has been a consistent advocate for ethics and accountability in the federal judiciary. She has previously introduced legislation such as the Stop Judge Shopping Act and the Judiciary Accountability Act to address issues of transparency and accountability in the judicial system.