Democrats Using ‘Forum Shopping’ To Stop Trump Agenda In The Courts

As the Trump administration faces numerous legal challenges, a recurring tactic has emerged: forum shopping, where lawsuits are filed in courts perceived as favorable to a particular political leaning. According to RealClearInvestigations, 80% of 350 lawsuits against Trump were concentrated in just 11 of the 91 federal district courts, all dominated by Democrat-appointed judges. While Democratic presidents have appointed about 60% of active federal judges nationwide, these courts lean even more heavily to the left. This concentration has led to a majority of nationwide injunctions—court orders that block policies across the country—being issued by Democrat-appointed judges. Nearly 40 such injunctions have targeted the Trump administration, with over 80% coming from these judges. For example, the D.C. District Court alone handled 41% of the cases examined, where 73% of judges were appointed by Democrats. This court also presided over significant cases related to January 6 and Trump allies.

Although district courts assign cases randomly within their districts, some, like in Texas, assign cases based on location, allowing plaintiffs to effectively choose judges, a tactic used by conservatives in high-profile cases. Democratic leaders, including Senator Chuck Schumer, have criticized such practices but have themselves benefited from similar tactics. Despite bipartisan concerns about forum shopping, little has changed. The Supreme Court is expected to review the constitutionality of nationwide injunctions soon, potentially curbing this strategy that has turned the judiciary into a highly politicized arena where judges can halt presidential policies.

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