The US Supreme Court is poised to consider the legality of “forum shopping”, the tactic of seeking out sympathetic judges deployed by the financial services industry and other big businesses in their challenges to federal regulations.

The particular case, due to be heard in mid-January, is focused on RJ Reynolds Tobacco’s challenge to the Food and Drug Administration’s ban of flavoured e-cigarettes. Lawyers and analysts say it could force the top court to confront an issue that has helped to undermine respect for the US judicial system in recent years and prompted reform efforts.

“It’s not unethical for the parties to try to file in the most favourable forum,” said Paul Grimm, a Duke University law professor and former district judge. But if the public had “the perception that the judiciary is acting not consistently with facts and law in deciding cases, but rather that the judges are political in nature?.?.?.?it degrades their faith in the impartiality of the courts, and that undermines the rule of law”.