Full Breakdown
Senate Bill Seeks Random Assignment to Curb Judge Shopping
7/29/2026, 9:41:30 PM
Legislative Proposal Aims to Randomize Federal Case Assignment
Senator Eric Schmitt (R-Mo.) introduced the Blocking Overt Attempts at Shopping By Enforcing Randomization Guidelines (BOASBERG) Act, named after Chief U.S. District Judge James “Jeb” Boasberg. The bill would require federal district and appellate courts to assign civil cases and three-judge panels randomly, limit chief judges’ influence, and mandate public disclosure of assignment practices. Penalties are proposed for anyone who manipulates the system, and judges could be removed from cases if the Supreme Court vacates or reverses their rulings.
Background on Judge-Shopping Concerns
Conservative litigants have long targeted smaller divisions, especially the Northern District of Texas, where single-judge divisions effectively guarantee a particular judge’s docket. The Judicial Conference issued non-binding guidance in 2024 urging courts to guard against “judge shopping,” but the Northern District of Texas has not adopted the recommendation. Chief Judge Reed O’Connor has repeatedly signed settlements in that district, reinforcing concerns about case-assignment concentration.
Provisions and Enforcement Mechanisms
The legislation would obligate courts to publish annual statistics on assignments and reassignments, and to explain any departures from randomization. It also extends random-assignment rules to appellate three-judge panels and to the rare three-judge courts that hear redistricting challenges. Violations could trigger penalties, and judges whose rulings are overturned by the Supreme Court could lose their case assignments.
Official Reactions
Chief Judge Robert Conrad noted that the Washington federal district court already uses random assignment, citing five of 145 applications assigned to Judge Boasberg during the early second Trump administration. Chief Justice John Roberts later spoke against impeachment calls targeting Boasberg. The Justice Department’s misconduct complaint against Boasberg was dismissed.
Verbatim Quotes
- “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,” — Sen. Eric Schmitt, spokesperson
- “Judge Boasberg is the poster child for a rogue judge and exposed serious loopholes in our judicial system,” — Sen. Eric Schmitt, spokesperson
