From Lisa Graybill, National Immigration Law Center <[email protected]>
Subject Justice Kagan referenced our amicus brief
Date December 7, 2022 5:30 PM
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Friend,

A few months ago, I wrote to you about an important NILC legal filing and now, I
have an exciting update to share — last week, during Supreme Court oral arguments, Justice Kagan referenced our
amicus brief’s argument on judge shopping in Texas.

If you’ll recall, Texas has been handpicking judges to advance its political
agenda on a range of issues, including immigration, abortion access, and the
environment. Our legal team filed an amicus brief on behalf of a Texas law
professor that meticulously documented this pattern and laid out why the
practice is a threat to the independence of our judiciary. Our goal was for the
Supreme Court to hear the message and now we know the work didn’t go unnoticed.

There is still a lot of work to do to overturn the damage that Texas has done,
but this is no small thing. Our work matters, folks, and
it’s showing up at all levels of government, including the Supreme Court.

Sincerely,

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

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Friend,

Did you know that of the 20 federal lawsuits that Governor Greg Abbott and the
state of Texas have filed against the Biden administration thus far, 19 of them
are being presided over by judges appointed by Republican presidents? This is no coincidence — in fact, Texas has been handpicking judges in order to
advance its political agenda on abortion access, the environment, and especially
immigration.

Among its tactics, Texas has been filing cases hundreds of miles away from where
the state government is located or where most Texans actually live — instead
selecting locations where there has never been a greater-than-five-percent
chance of the case being assigned to a judge appointed during a Democratic
presidency. This practice is harmful to the public’s interest and the independence of our
judiciary, which is why, last week, we filed a brief with the Supreme Court
urging them to put an end to it.

Our courts must be politically neutral to ensure our justice system is truly
fair for all, friend. Our legal team is working to end this underhanded
practice, and we need help from supporters like you to join us in our fight for
justice. Can you make a contribution toward our efforts to hold Texas
accountable?
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[[link removed]]What’s worse: Texas’s pattern of judge shopping demonstrates that it does not
have the legal right to sue in many of these cases. The courts have long held
that parties cannot sue over mere grievances and political disagreements, yet
Texas is doing just that — it continuously picks where its cases are filed for
political gain. Through our work, we hope the Supreme Court will send a strong
message about the independence of the judiciary and overturn some of the damage
that Texas has done thus far.

We know who is paying the price of Texas’s manipulation of the federal
judiciary. Many of the injunctions instituted by these stacked courts have harmed
historically marginalized communities across the country, including immigrants.

We will not allow Texas to continue its unlawful actions without a fight. Thank
you for standing with us.

Sincerely,

Lisa Graybill
Legal Director
National Immigration Law Center

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