The courts where nationwide injunctions are originating
CBSN
Increasingly, when lawyers take divisive political issues to court, they seek out federal jurisdictions where they hope to find judges sympathetic to their worldview. This phenomenon, known as venue shopping, has been employed by both sides of the political aisle, according to a new CBS News analysis of federal court data for cases seeking nationwide impact.
The analysis suggests that conservatives suing the Biden administration frequently tried to have their cases heard in tiny federal courts in Texas. The lawsuits often landed in courts with just a single judge, helping ensure the first ruling would come from Republican appointees. That the courts were in Texas also meant any Biden objections would head to the largely conservative 5th Circuit U.S. Court of Appeals. The cases reviewed were filed during and appealed by the first Trump administration or the Biden administration through Dec. 31, 2024.
Those Texas courts include Victoria and Amarillo, small cities the analysis found were the first and third most common venues for challenges against the Biden administration. The only federal judge in Amarillo is U.S. District Court Judge Matthew Kacsmaryk, largely known for issuing a nationwide injunction banning the drug mifepristone, which is used with the drug misoprostol to end pregnancies. Six of the top 10 courts where Biden challenges were filed are in the 5th Circuit, encompassing the states of Texas, Louisiana and Mississippi, according to the analysis.
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