Exclusive — Sen. Mike Lee: Proposed Act Would ‘Diminish the Ability’ of Left-Wing Activists to Shop Judges

The Restraining Judicial Insurrectionists Act of 2025 would diminish the opportunity for judge shopping, Sen. Mike Lee (R-UT) said of his new bill during an appearance on Breitbart News Daily.

Lee spoke of his bill, which would create a three-judge panel to review presidential executive actions.

“Here’s essentially what it would do. If you file lawsuits seeking declaratory injunctive relief against the United States — specifically the executive branch — you will go before a three judge District Court panel,” he explained. “That three judge District Court panel will be directed to swiftly review the application for … relief, make a ruling, and here’s the kicker, get a direct automatic appeal to the Supreme Court of the United States.”

“It can substantially shorten the amount of time it takes to dispose of one of these actions, diminish the opportunity for judge shopping, and at the end of the day, you’re guaranteed review by the Supreme Court,” Lee said, noting that, in most cases, one must seek certiorari, “which is a petition court discretionary review.”

“The court doesn’t have to take it. With this one, the court does because it’s a true appeal,” he said, explaining this would “substantially diminish the ability of these abusive left-wing activist litigants to go and find a left-wing activist judge and thereby for the objectives of the administration for America.”

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Lee explained that judge shopping occurs when one files a case in a district or area where the individual is pretty sure “based on the size of the district or the courthouse where it’s filed” that they are going to get the judge they want.

“Or at least it’s going to be one of a handful of judges who you know are favorable to your viewpoint,” he said. “Becomes far too easy and far too tempting to do that without this legislation.”

The danger, the senator continued, is that people or organizations know they can thwart the efforts of the administration, because all they must do is file a series of lawsuits and delay progress, eating up the entire term.

“And if one injunction expires on one issue, maybe you go on to another one or another, and you can really diminish a lot of the effectiveness of that administration,” Lee said. “Shopping is so dangerous here, because it encourages people to do that, because increases the likelihood that they’ll be able to win.”

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