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Reason
Reason
Jonathan H. Adler

FOUND: Forum shopping in the first circuit - You Need To See This

Those seeking to file legal challenges against the Trump Administration's avalanche of executive actions have largely sought friendly fora in which to bring their claims. Increasingly, this appears to mean filing suit in New England, in district courts within the U.S. Court of Appeals for the First Circuit, the only federal appellate court in the nation without a single Republican appointee in active service (though there is one nominee pending).

Nate Raymond of Reuters has an interesting and informative exploration of how the First Circuit has become a forum of choice for anti-Trump Administration litigation, and includes some interesting data on how often such suits are now filed within the circuit.

A Reuters analysis found that at least 72 lawsuits challenging Trump's policies have been filed in federal courts in those four states by plaintiffs, including Democratic state attorneys general, advocacy groups and institutions targeted by the administration. Trial court judges have made at least an initial decision in 51 of those cases, ruling against Trump in 46 of them, the analysis showed.

These have included challenges to Trump's policies to restrict birthright citizenship, gut the U.S. Department of Education, revoke the legal status of thousands of migrants and fast-track deportations of migrants to countries other than their own - so-called "third countries" - including politically unstable South Sudan. . . .

The 1st Circuit, in handling Justice Department appeals of rulings by these trial judges against the president's policies, has issued 15 decisions, granting the administration's request to set aside judicial orders only three times.

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