Friend,

I’m writing to share some important news with you.

Over the past two years, we've been fighting against the harmful practice of judge shopping in Texas' federal district courts, and I’m thrilled to share a significant update. First as a reminder, judge shopping is the tactic of strategically filing lawsuits in districts where one can reasonably predict which judge the case will be assigned to, and thereby hope to ensure the outcome of the case. A neutral judiciary is an essential pillar of democracy, and judge shopping undermines it.

Texas has a particularly egregious pattern of selectively filing cases in districts where there is at least a 95% chance that the case will be assigned to a Republican-appointed judge. These rulings have had major implications for the entire country when it comes to fundamental issues like abortion access, protecting the environment, and immigration policy.

Thanks to our collective advocacy, the Judicial Conference of the United States recently announced new guidance aimed at curtailing judge shopping by ensuring cases challenging federal or state laws are randomly assigned to judges on a district-wide basis.

How we got here:

It all began with our amicus brief on behalf of University of Texas School of Law Professor Stephen Vladek to the Supreme Court, in which we articulated a powerful argument against judge shopping. Our efforts resonated. Justice Elena Kagan even referenced our brief during Supreme Court oral arguments, underscoring the importance of our legal advocacy.

Then, along with 8 other signatories, we sent a letter to four chief judges of Texas’ federal district courts, urging them to address the detrimental practice of judge shopping.

And now? We see the tangible outcome of our collective work. This new guidance is an affirmation of what we have been saying all along: Judge shopping undermines democracy, erodes public trust, and must be taken seriously.

While it’s true that courts still have discretion on how to implement this guidance, the fact that the Judicial Conference has publicly recognized the problem and put district courts nationwide on notice is a huge step and worth celebrating. In terms of what’s next, we will continue speaking out against this practice and fighting for a justice system that is truly fair for all.

To our supporters, thank you for your commitment to advancing justice. Your dedication strengthens our ability to effect meaningful change.

Thank you,

Lisa Graybill
Vice President, Law & Policy
National Immigration Law Center