Senator Hirono Discusses 'Stop Judge Shopping' Bill to Address Nationwide Injunctions

Concerns Over Nationwide Injunctions

• 🎯 Nationwide injunctions are a significant concern, particularly when parties can engage in judge shopping to secure favorable outcomes.
• 💡 Professor Bray notes that data suggests a higher success rate for nationwide relief in single-judge districts compared to those with random assignment to multiple judges.
• ⚖️ This practice can lead to outcomes where the identity of the judge, rather than the merits of the case, determines the result, especially in single-judge districts.

'Stop Judge Shopping' Bill

• 📌 Senator Hirono has reintroduced a bill aimed at preventing judge shopping, which she believes is relevant to the issue of nationwide injunctions.
• 🚀 While not initially motivated by nationwide injunctions, the bill could potentially reduce their frequency by mitigating the allure of seeking them in favorable districts.
• 📊 Distributing judicial assignments more broadly could at least mitigate the tendency to seek nationwide injunctions in cases where a median judge might not otherwise grant them.

Limitations of Limiting Relief

• ⚠️ Legislation proposed by Senator Grassley, limiting relief only to parties before the court, is discussed.
• 🧩 In cases like the Miffford Brisstone decision, such a limitation could be problematic, as an injunction limited to specific plaintiffs might not address the broader issue.
• 🌍 For instance, in birthright citizenship cases, an injunction only for a few plaintiffs would not benefit other affected non-citizen parents nationwide, necessitating multiple lawsuits.

Alternative Solutions

• 💬 Reinvigorating nationwide class actions could be an alternative to nationwide injunctions, allowing for broader relief if all affected parties are represented.
• 🔬 Professor Bray highlights the lack of fit between narrow standing claims and the massive, universal relief often granted by nationwide injunctions.
• 🩹 In cases where standing is overcome, courts should tailor remedies to the specific injury, rather than granting broad injunctions without a clear, corresponding injury.