With the Supreme Court set to deliver a decision in the high-profile mifepristone challenge in the coming weeks, judge shopping is back in the spotlight. A new report today in KERA (NPR) in Northern Texas details the corporate and special interests using the judge shopping tactic to exploit the judiciary and kill pro-consumer policies.

Because we have the Supreme Court makeup that we do now, because we have the Fifth Circuit Court of Appeals makeup that we do now in these district courts, it is ripe for the right and big corporate interests to exploit that.”

Accountable.US executive director Tony Carrk

A flurry of lawsuits filed by business lobbies like the U.S. Chamber of Commerce and banking trade associations against agencies like the Consumer Financial Protection Bureau (CFPB) have been brought in federal courts across Texas. As KERA notes, these suits “potentially could impact credit cards, small business loans, banking services, auto sales and retirement savings accounts. The plaintiffs and lawyers involved are mostly based in Washington, DC, and are suing federal agencies located in the capital.”

You have clearly a corporate interest that's looking out for their bottom line – looking out for their CEOs, looking out for their shareholders. And you have the administration that is trying to take on these powerful interests to lower costs for people. These measures, they're pro-consumer, they're pro-worker, they're intended to lower costs for people.”

Accountable.US executive director Tony Carrk

A recent Accountable.US review of legal challenges by the U.S. Chamber of Commerce shows that since President Trump took office in January 2017, the majority of lawsuits – roughly 63% of lawsuits challenging federal regulations – were filed within district courts under the Fifth Circuit’s jurisdiction. Meanwhile, just a handful of cases were filed in courts under the Sixth, Ninth, And DC Circuits – two of which challenged Trump administration policies. 


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