Fox News contributor Andrew McCarthy on forum shopping: “We shouldn't delude ourselves, both sides do this sort of thing”
McCarthy: “During the Biden years it was pretty typical for right-leaning states and groups to go to venues like Texas to file actions that involved enforcement of the federal immigration laws”
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From the June 27, 2025, edition of Fox News' America's Newsroom
BILL MELUGIN (FOX ANCHOR): One hundred and nineteen page ruling, everybody digesting it now. Jonathan going a little bit faster than us here on the desk. Andy, want to bring you back in here. Conservatives in the Trump administration have been frustrated, essentially saying they feel that some of these plaintiffs are judge shopping and district shopping. There are 670 federal judges across the country. You go to one left leaning court somewhere in San Francisco or Boston and all of a sudden you get a nationwide injunction that stops everything going on in the country. With this ruling, is that now over?
ANDREW MCCARTHY (FOX NEWS CONTRIBUTOR): Well, it's not over but it will be significantly curtailed. Jonathan just pointed out that Justice Alito says that there's some wiggle room here. That doesn't surprise me because the court, including Justice Barrett during the oral argument, seemed to be very sensitive to the downsides of potentially making a rule that said no universal injunctions at all. So I think there'll still be some wiggle room here. We shouldn't delude ourselves, both sides do this sort of thing. I think -- was during the Biden years it was pretty typical for right-leaning states and groups to go to venues like Texas to file actions that involved enforcement of the federal immigration laws, Bill. So, you know, this is a game that everybody plays, this forum shopping thing. In a way if you are a lawyer it would be irresponsible not to play it if everybody else is doing it. But to the extent that it gets curtailed I think that's a good thing for the country.