BS BRIEF:
- Sen. Eric Schmitt, R-Mo., is introducing the Blocking Overt Attempts at Shopping By Enforcing Randomization Guidelines (BOASBERG) Act, legislation requiring federal civil cases to be assigned randomly and limiting the ability of chief judges to influence which judge hears a case.
- Schmitt says the bill is designed to eliminate “judge shopping” after a series of high-profile rulings involving U.S. District Judge James Boasberg and the Trump administration. The proposal would also require courts to publicly disclose their assignment procedures and establish penalties for manipulating the process.
SCHMITT TARGETS ‘ROGUE JUDGES’ WITH NEW BOASBERG ACT
WASHINGTON — Senate Republicans are taking aim at what they describe as one of the biggest procedural problems in the federal judiciary: who gets to hear politically explosive lawsuits.
Sen. Eric Schmitt announced Tuesday that he will introduce legislation requiring federal civil cases to be assigned randomly, a move he says is intended to eliminate opportunities for “judge shopping” and restore confidence that litigants cannot influence which judge ends up deciding nationally significant cases.
The legislation carries an unmistakable name.
Schmitt calls it the Blocking Overt Attempts at Shopping By Enforcing Randomization Guidelines Act—or, more simply, the BOASBERG Act—a direct reference to Chief U.S. District Judge James Boasberg, whose rulings involving the Trump administration have repeatedly drawn Republican criticism.
Schmitt didn’t mince words. “Judge Boasberg is the poster child for a rogue judge and exposed serious loopholes in our judicial system.” He added: “Randomly assigning cases among judges ensures the American people can have confidence in the impartiality of our courts.”
According to Schmitt, the legislation would establish a uniform national standard for assigning federal civil cases.
Among its major provisions:
- Require random assignment of federal civil lawsuits.
- Prevent chief judges from influencing case assignments.
- Require courts to publicly disclose how cases are assigned.
- Create penalties for manipulating or interfering with assignments.
- Require cases to be randomly reassigned in certain circumstances after Supreme Court intervention.
Federal courts would have 120 days to implement the new procedures if the bill becomes law.
Judge Boasberg has become one of the most recognizable figures in the legal battles surrounding President Trump’s second administration.
He presided over litigation challenging the administration’s deportation of alleged members of the Venezuelan gang Tren de Aragua under the Alien Enemies Act, temporarily blocked aspects of the deportation effort, and later became involved in disputes over administration communications, including the so-called “Signalgate” controversy.
Republicans have increasingly accused Boasberg of exceeding judicial authority, while supporters argue he has simply enforced constitutional and statutory limits on executive power.
Earlier this year, Schmitt publicly called for Boasberg’s impeachment, arguing the judge had become “the embodiment of a rogue judge.”
The issue extends beyond one judge.
Both Republican and Democratic administrations have accused opponents of strategically filing lawsuits in courts believed to be favorable to their legal positions.
Conservatives have long criticized nationwide injunctions issued by district judges that can halt federal policy across the country.
Progressives, meanwhile, have objected when conservative plaintiffs file cases in divisions where only one or two judges hear all filings.
Schmitt argues the answer is straightforward, take human discretion out of the assignment process whenever possible. “The BOASBERG Act prevents judges from forcing their way onto cases and is an important piece of court transparency legislation that will help restore the American people’s confidence in our judiciary,” he said.
DBS WIRE SOURCES:
- Fox News — GOP senator unveils BOASBERG Act to stop ‘rogue’ judges from handpicking Trump cases
- Senator Eric Schmitt — Senator Schmitt calls for impeachment of rogue Judge Boasberg, more funding for ICE
- Fox News — Trump turns to ‘zombie’ court after Boasberg pointed to it in deportation fight
- Fox News — Sen. Eric Schmitt calls for Judge Boasberg impeachment, details GOP budget reconciliation
