But that heavy-handed governing has led to an unending stream of lawsuits from opposing states and activist groups. That means the federal judiciary has more frequently stepped in to decide the nation’s future on the most divisive issues like abortion, immigration, and affirmative action.
In effect, we are increasingly governed not by the House and Senate but by partisan judges who rule on partisan lawsuits.
“The legislature is impotent,” thundered Sen. Ben Sasse, R-Neb., during a recent debate. “The legislature is weak.”