Does the legislature know about this?Does the legislature know about this?
“In the United States, social issues often dress themselves up in legal costume and muscle their way into court. There are few countries in the world where abortion policy is decided, in the first instance, by judges. In few countries would courts draw the boundary lines of school districts or demand wholesale reform in state mental-health facilities. Yet these things happen in the United States. A movement is going on which is bringing these issues into court, which expands the very idea of what should or can be dealt with through law and litigation, and which causes ‘law’ to seep into nooks and corners where it never penetrated before. Nobody has quite found the right name for this movement or trend. We can call aspects of it judicialization, legalization, constitutionalization, the due-process revolution, or something similar. Whatever its name, it is certainly a significant trend. Courtlike procedures and habits extend their tentacles throughout government, big institutions, and society in general. Courts themselves have become final arbiters of many social issues, not just individual disputes.” – Lawrence M. Friedman, American Law: An Introduction