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The Latest Breaking News from the Judicial Conference

Judicial Conference Recommends 71 New Judgeships, Including Two on the Ninth Circuit

The Judicial Conference again asks Congress to create more judicial seats to address judicial backlogs.

Reason

Can The Judicial Conference Refer Supreme Court Justices To The Attorney General?

The Judicial Conference will study the issue, but hints the answer is probably no.

Reason

Congress Passes Legislation to Create Needed Judgeships, but Biden May Veto

There was bipartisan support for the JUDGES Act, but the election results appear to have changed that.

Reason

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What Happens When The Federal Rules of Civil Procedure Violate Federal Law?

The Federal Judiciary's Rules Committee will find out if it adopts the "Random Case Assignment" Policy

Reason

Stephen Vladeck Replies to Judge Reed O'Connor on Forum Selection and Judge-Shopping

A different take.

Reason

Judge Reed O'Connor's Remarks On Forum Selection and "Judge Shopping"

"Appearing to cave to criticism from commentators and political officials, this Judicial Conference proposal rejects the idea that there are no partisan judges—only judges doing their level best to faithfully apply the law to reach the correct decision."

Reason

Supreme Court to decide contentious issues amid ongoing criticism - Roll Call

The Supreme Court is about to issue dozens of decisions that include hot-button political issues amid criticism of their ethics.

Roll Call

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Judge James C. Ho's Remarks to the Midland County Bar Association

"This isn’t about forum shopping. It’s about forum shaming. It’s about shaming judges who won’t distort their rulings to do their bidding—while rewarding those judges who do."

Reason

Fifth Circuit Judges Clash Over Venue and Judge Shopping

Judges Oldham and Higginson disagree about where a case belongs: NDTX or DDC.

Reason

Progressive Groups to Senator Durbin: Judicial Conference "Watered Down" and "Bow[ed] Down" To Opposition

Now, for better or worse, the Judicial Conference has shown itself to be pliable by the political currents.

Reason

Breaking: Northern District of Texas Issues Nationwide Injunction Against Judicial Conference "Guidance" Document.

This court will not "make any change to our case assignment process at this time."

Reason

Progressive Lawyers Engage In Actual Judge Shopping In Alabama

"Surreptitious Steps" to draw a Carter appointee in a deep red state demonstrate why the Judicial Conference's policy would not work.

Reason

The Priorities of the Judicial Conference of the United States

Rather than addressing bankruptcy and patent forum and judge shopping, on which there is a large bipartisan consensus, the Judicial Conference rushed through a botched proposal in response to political pressure and Twitter noise.

Reason

A Comment On The Judicial Conference's Policy From A Fifth Circuit Practitioner

I pass along this comment I received from a well-known attorney in Texas who clerked on both the federal District Court level and at the Fifth Circuit. I suspect this attorney's views are widely shared: The memo to the judiciary has now become available, but that does not address the…

Reason

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Reason

The Text Of The Policy Approved By The Judicial Conference

I obtained a copy of the report approved by the Judicial Conference. First, why on earth could this memo not have been issued contemporaneously with the press release? This may be one of the most-botched governmental rollouts since HealthCare.gov. The Executive Committee should carefully re-assess their procedures here. Second, the…

Reason

Where does the Judicial Conference Get the Authority To Mandate Case Assignments?

A general power to issue orders to judicial employees does not trump a specific power for district courts to make their own rules about case assignments.

Reason

Senators McConnell, Cornyn, and Tillis Send Letters To Chief Judges About Judicial Conference "Policy"

"It is Congress that decides how cases should be assigned in the inferior courts and Congress has already spoken on this issue in an enacted statute."

Reason

The Case for Caution on Reacting to the Judicial Conference Press Release on Forum-Shopping

We should wait until we know what (if anything) is happening.

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Reason

The Judicial Conference's New "Policy" Demonstrates Why Judges Should Not Make Policy

The way to depoliticize the courts is to depoliticize the courts.

Reason

A Welcome Judicial Reform: Towards Random Case Assignment

I was delighted to see the Judicial Conference of the United States is acting to promote random case assignment in certain declaratory judgment and injunction cases. You can read the press release here. It will be important to see the details, but as outlined, this policy change will ameliorate the…

Salon

Smith busts Trump bid to hoodwink judge

Legal experts say Smith just exposed Trump team's "lies and gamesmanship" on cameras in courtroom

Salon

Thomas' Koch trip undermines his defense

“Even using Thomas’ flawed logic... there’s no way this chartered flight fits into that exception," expert says

WEKU

Should Trump's trial be televised?

There would need to be an exception to a rule barring cameras and microphones in federal courtrooms to make it happen, but House Democrats and Trump's own lawyer are pushing for a televised trial.

Tribune News Service

Federal judge says Clarence Thomas ethics complaints mishandled more than a decade ago

WASHINGTON — The federal courts’ policymaking body in 2011 mishandled ethics complaints surrounding financial disclosures by Justice Clarence Thomas, a sitting federal judge testified Wednesday.

Reason

Chief Justice Roberts's Letter to Senator Durbin

Last week Senator Dick Durbin invited Chief Justice Roberts to testify before the Senate Judiciary Committee. Despite my hope that the Chief would send Justice Breyer, Roberts respectfully declined Durbin's invitation. And he sent a letter explaining his decision. The letter is short--only one page--but Roberts packs a lot in…

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