Conservative Judges and Republican Lawmakers Push Back Against New Policy on Case Assignments
New Random Case Assignment Policy Conflicts with Federal Law
Conservative judges and senior Republican lawmakers are raising concerns over a recent policy change that requires the random assignment of judges in civil cases with statewide or national implications. They argue that this action conflicts with federal law, stating that Judicial Conference policy does not hold the weight of legislation.
Letters Sent to Chief Judges Across the Country
Senate Minority Leader Mitch McConnell (R-Ky.) along with Republican Senators John Cornyn (Tex.) and Thom Tillis (N.C.) have sent letters to approximately a dozen chief judges across the country, urging them to maintain their existing case assignment practices. They emphasize that it is the judges’ prerogative to decide on case assignments and that Judicial Conference policy should not interfere.
Judicial Conference’s Announcement
The Judicial Conference of the United States, the policymaking body for federal courts, announced on Tuesday that it will no longer automatically file cases with statewide or national implications in single-judge divisions. These divisions are primarily found in rural areas where courthouses are considerably distant from one another.
Scope of Assignments and Randomization
The judicial conference clarified that district courts may still assign cases to a single-judge division, as long as it does not seek to essentialize state or federal actions through declaratory judgment or injunctive relief. In cases where random assignments are required, the case will be allocated to a judge within the same judicial district to ensure impartiality.
Authority and Criticisms
While the new random case assignment policy by the Judicial Conference aims to address concerns related to “judge shopping,” several conservative judges and Republican lawmakers question the Conference’s authority to impose such a policy on the courts. Raising the issue of political pressure, some judges argue that this policy goes against their obligation to follow laws enacted by Congress.
Multiple Viewpoints on the Policy
Senate Majority Leader Charles E. Schumer (N.Y.) has led an effort to end the case assignment system, claiming that it allows individuals to select a judge who aligns with their preferred cause. McConnell, however, argues that it is not within Schumer’s or the Conference’s realm to dictate case assignments and that judges should manage their caseloads in accordance with local circumstances.
Continued Controversy and Future Amendments
As this is an ongoing issue, judges, lawmakers, and the Judicial Conference expect further changes or clarifications to the policy. Critics argue that judges should adhere strictly to existing laws, while proponents claim that the policy aims to prevent biased and unfair trial outcomes.
This is a developing story. Stay tuned for updates.
