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Palmer introduces APPEAL Act intended to stop “judge shopping”

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

Wednesday, May 24, 2017, US Representative Gary Palmer (R-Hoover) introduced the APPEAL Act to prevent people objecting to an executive action from picking which court they want to hear their challenge.  Under Congressman Palmer’s Legislation all challenges of Executive Actions would have to be filed in federal courts in the District of Columbia rather than shopping for an anti-Trump judge in California or going to Texas or Atlanta when Obama and the Democrats controlled the Whitehouse.

Congressman Palmer said in a statement, “I introduced the Assigning Proper Placement of Executive Action Lawsuits (APPEAL) Act, H.R. 2660, today to give the federal courts in the District of Columbia exclusive jurisdiction over any challenge to an Executive order, action, or memorandum.”

Rep. Palmer said, “Litigants challenging a President’s Executive orders should not be able to forum shop for a court they believe will provide the most favorable judgment. We must ensure our Judicial Branch operates equally and fairly for all presidents, eliminating chaos and bias. The President of the United States, regardless of party or beliefs, has the authority to issue Executive orders, actions and memorandums. The authority does not belong to activist judges bending the law as they see fit.”

Rep. Palmer said in a statement, “Several instances where suits must originate in DC already exist. For example, suits against the federal government over a contract claim or its exercise of eminent domain must be filed in DC’s Court of Federal Claims. Similarly, prior to the Supreme Court’s 2013 decision in Shelby County v. Holder, Section 5 of the Voting Rights Act required all lawsuits to be filed in the D.C. Also, when parties dispute federal regulations, they often file suit in the DC, where the federal agency is located.”

President Donald J. Trump’s (R) ban on travelers from countries known to support terrorism for example was brought in the 9th Circuit in California.  Court watchers expect the Court of Appeals there to deny the Administration’s request to reinstate the travel ban meaning that it has to go to the US Supreme Court if the Trump Administration continues its appeal of the policy’s overturning.

Congressman Gary Palmer represents Alabama’s Fifth Congressional District.  Palmer was elected to the Congress in 2014 after former Congressman Spencer Bachus (R-Vestavia Hills) retired.

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