Has Congress Surrendered Governance to Courts Amid Legal Challenges?

by Phil Osifer | Mar 18, 2025

Has Congress effectively ceded its Constitutional governance responsibilities to the courts? It seems as though every aggrieved party is now seeking judicial redress with every conceivable challenge to established law, however remote. Politicized court shopping at different levels in different regions is becoming commonplace and undermining traditional historical interpretation of the statutes. Some judges appear to welcome the notoriety that can accompany such deviation from the norm. The third branch of representative government risks court-shopping exposure as an accommodating means of bypassing legislative dysfunctionality that itself invites attempts to circumvent established means of determining societal norms. “Anything goes” is a dangerous precept for socio-economic stability. Internal conflict can only be divisive and undermine the very concept of representative Constitutional democracy. “My way or the highway” is not the recipe for a progressive, peaceful and productive society. Phil Osifer

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