Hearings began this week in Alabama as a federal judge considers whether sanctions are necessary for a group of civil rights attorneys accused of trying to influence court assignments in cases challenging the state’s ban on gender-affirming care for transgender youth.
According to Reuters, 11 lawyers, including those from well-known rights organizations like the American Civil Liberties Union, are being accused of “judge-shopping” to avoid conservative judges who may not rule in favor of their LGBTQ+ clients. The hearings are being conducted under the supervision of U.S. District Judge Liles C. Burke, who was appointed by former President Donald Trump.
In 2023, a panel of three judges released a report accusing certain attorneys of attempting to manipulate the judicial assignment process to ensure their cases were heard by more liberal judges. As a result of these findings, Burke is conducting an inquiry into the matter, which may result in professional sanctions for the attorneys in question.
In 2022, Alabama passed a law that limited medical treatments for transgender minors, sparking a legal controversy. Shortly after the law was enacted, two lawsuits were filed. Although initially assigned to Burke, the attorneys withdrew the cases after failing to reassign them. The scrutiny over the attorneys’ actions intensified as a subsequent lawsuit also ended before Burke.
According to a report by Reuters, Michael Shortnacy, the first attorney to testify during Monday’s session, denied the allegations of judge-shopping and instead, stated that the actions of the legal team were a response to the difficult legal circumstances, rather than a pre-planned effort to undermine the judicial system.
During the courtroom proceedings, Burke provided assurance that any sanctions would solely be targeted towards individuals who were directly involved in any misconduct.
In Alabama, it is considered a felony for doctors to provide gender-affirming care to minors, including prescribing puberty blockers or hormones to those under the age of 19. Initially, the law was blocked by Burke in 2022, as it was found to be interfering with parental rights in an unconstitutional manner. However, the 11th Circuit court reinstated the ban, citing the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade.
Judge Reed O’Connor, who presides over the Northern District of Texas, has a history of ruling against the LGBTQ+ community. Republicans have frequently filed cases in districts that are inclined to their perspective, including O’Connor’s court.
The hearings are set to proceed throughout the week.
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