I wonder if there’s a change within living memory that has caused that cough Bork cough
Snark aside, there’s a reasonable case to be made that Congress has been increasingly treating the judiciary as a super-legislature. Far easier to avoid the work of compromise etc. when you can punt it to the USSC. Whether that’s pure laziness or something structural based on a reduction of overall party power is up for discussion.
Snark aside, there’s a reasonable case to be made that Congress has been increasingly treating the judiciary as a super-legislature. Far easier to avoid the work of compromise etc. when you can punt it to the USSC. Whether that’s pure laziness or something structural based on a reduction of overall party power is up for discussion.