
Congressional inaction poses many challenges in American politics, but the institutional damage that it inflicts on the judiciary is often overlooked. Such injuries occur when members of Congress and the American polity attack the judiciary for reaching an outcome that has a clear legislative remedy. Beyond the misconception that most judicial decisions hinge upon policy, these attacks are especially misguided when oversight, revising legislation, and other minor congressional exercises of power are available solutions. Legislating is difficult, especially in a polarized era, but attacking judges who are bound by law and precedent is not only ineffective, it emboldens congressional inaction and often contributes to the rising threats against federal judges. Thus, Americans should direct their dissatisfaction with the contents of a law to the people that make it, not those who interpret it. Perhaps doing so will even reinvigorate Congress, which our country desperately needs.
Categories: Domestic Affairs