The Supreme Court is set to review how litigants choose their courts, particularly focusing on the prevalence of 'circuit shopping' in conservative legal strategies.
Georgetown law professor Stephen Vladeck highlights the issue as 'circuit shopping,' emphasizing that judge selection is increasingly strategic, particularly in the conservative context.
With the Fifth Circuit being heavily Republican, about 23.4% of cases reviewed by the Supreme Court this term have originated from this conservative stronghold.
The Biden administration argues that regulatory challenges, like those against the EPA, should be addressed in the D.C. Circuit, not in districts favored by conservative groups.
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