Judge-shopping is when you file lawsuits to get them heard by a judge who will rule in your favor. Technically, you cannot choose which judge will hear your case in court. But, in places like Texas, judge-shopping makes that possible.
In the U.S. Federal Court system, the Supreme Court is at the top, then appeals courts, then district courts. Some states are so large that they have federal court districts big enough to have their own divisions. They still prevent people from filing cases in whichever division they choose.
But in Texas, some divisions only have one active judge each. So, if you file there, you know the judge you’re getting.
This is why small areas like Amarillo or Victoria make such a significant impact when attorney generals and private groups file lawsuits there. They can then go to a court of appeals predominated by extremely conservative judges.
And if the non-conservative side appeals that to the Supreme Court, until that court makes a decision, the previous judge’s ruling dictates federal law.
Officials nationwide are fighting to end judge-shopping in support of legal fairness. But the fact that a loophole like this can exist, and cause so much damage, says a lot about how power and governance work in this country. And we are never the ones to benefit from it.