President Trump Alleges 'Rampant' Judge-Shopping as 'Destructive Lawfare Tactic'

President Donald Trump recently asserted that "judge-shopping" has become a "rampant" and "destructive tactic" within what he terms the "left’s lawfare playbook." In a statement shared by Alex Marlow, Trump claimed, > "Judge-shopping is rampant at levels never seen before. You know the outcome of a case as soon as the judge is picked. And the radical left is using this, their final weapon, to take down America."

Judge-shopping is a legal strategy where litigants attempt to steer their cases to specific judges perceived as sympathetic to their cause, often by exploiting the federal judiciary's structure, such as divisions with a single assigned judge. This practice bypasses the traditional random assignment of cases, raising concerns about fairness and impartiality within the court system. Critics argue it undermines the rule of law and the public's confidence in judicial neutrality.

While President Trump attributes this tactic primarily to the "radical left," legal experts and analyses indicate that both conservative and liberal litigants have engaged in forms of judge or forum shopping. Conservative activists, for instance, have frequently filed cases in single-judge divisions in Texas, leading to significant rulings on national policies. However, some sources also point to instances where liberal groups have sought favorable venues.

In response to growing concerns, the Judicial Conference of the U.S., the federal judiciary's policymaking body, issued non-binding guidance in March 2024. This guidance recommended that cases seeking broad, national relief be assigned randomly across all judges within a federal district, rather than remaining within a specific division. This move aimed to curb the perceived manipulation of judicial assignments.

The Judicial Conference's guidance has ignited a "political firestorm," with conservative politicians and some judges resisting its implementation, arguing it infringes on local court autonomy. President Trump's statement also specifically references Marc Elias, a prominent Democratic elections attorney, in connection with this tactic. Elias, known for his work challenging Republican-backed voting restrictions and defending against Trump's 2020 election lawsuits, has faced accusations of "venue shopping" and employing "ruthless tactics" by some, while he maintains his efforts are aimed at defending democratic processes. The ongoing debate highlights deep divisions over legal strategy and judicial independence in American politics.