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FreepFryer

(7,077 posts)
Mon Apr 10, 2023, 05:32 PM Apr 2023

Was wondering why we Democrats don't judge-shop gun control, LGBT rights, anti discrimination cases?

Electoral specifics and congressional majorities aside, WTF is it ?

What is up w all the shit the Republicans can do that somehow we cannot ?

Does the current extrajudicial conduct of SCOTUS make the tactic only work for the right?

Just askin

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Was wondering why we Democrats don't judge-shop gun control, LGBT rights, anti discrimination cases? (Original Post) FreepFryer Apr 2023 OP
Because it's a much harder task for us. nycbos Apr 2023 #1
It's complicated dsc Apr 2023 #2

nycbos

(6,037 posts)
1. Because it's a much harder task for us.
Mon Apr 10, 2023, 05:36 PM
Apr 2023

When Republicans judge shop, there is often only one or two judges in a certain federal department like in Amarillo, Texas where are the judge made the terrible abortion pill decision. Due to the blue slip process, so they're almost always judge appointed by Republicans.

In larger departments like the SDNY it's likely we can get a favorable judge for our cases but it's not a 100% chance because really big districts still have Republican appointed judges.

dsc

(52,166 posts)
2. It's complicated
Mon Apr 10, 2023, 05:40 PM
Apr 2023

First, we can't judge shop to the extent the right does because Texas has a nearly unique system where they have single judge districts. No other state has that as far as I know. That said, we can, and do, file suits in places where we are more likely to get a liberal judge but not necessarily a particular liberal judge. Also the 5th circuit is also very conservative and willing to flout norms. No liberal circuit is as willing to flout norms. Thus it takes months to overturn even obviously wrong rulings when it is lawless rulings that favor conservative positions on say abortion or LGBT rights.

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