Courts finally move to end right-wing judge shopping, but the damage may already be done

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Conservatives have won big legal victories by choosing right-wing judges, but the federal court system has finally gotten fed up.

Some lawsuits are won by smart lawyers and some on the facts. But nothing spells success as much as the ability to pick your own judge. That's the lesson taught by conservative activists who have moved in federal courts to overturn government programs and policies on abortion, contraception, immigration, gun control, student loan relief and vaccine mandates, among other issues.

More recently, however, the practice has been heavily abused for partisan and ideological purposes. This results from two trends. One is the increasing partisanship of individual federal judges, especially those appointed by Trump. The second is those judges' habit of issuing nationwide injunctions against government policies or programs. Nationwide injunctions can impose parochial partisan ideologies on the whole country.

 

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