Courts lack the power to dictate public policy and depend on political support
Evidence
Taken together, these examples indicate that although courts often announce rulings on policy issues, they are seldom in a position to dictate public policy. Whether judicial rulings accomplish their objectives often depends upon, among other things, the political support they generate and the opposition they encounter. Courts do not operate outside the political process; like other governmental institutions, they are enmeshed in it. — G. Alan Tarr, Judicial Process and Judicial…, 212
Categorization
- corroborated: 2 independent passages support this claim — G. Alan Tarr, Judicial Process and Judicial…, 212
- XREF: connects to: Judicial rulings can set legal obligations without settling disputed public policy — G. Alan Tarr, Judicial Process and Judicial…, 207; Courts rarely dictate policy because rulings need political support.; Courts do not simply dominate American policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 191 (+11 more)
Broader Connections
- Courts lack the remedial flexibility and cost-benefit tools of other policymakers
#expands(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2871 - Judicial rulings have policy consequences yet judges should not impose their own policy views
#qualifies(0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2688 - Public law mostly channels the means of politics rather than dictating its ends.
#qualifies(0.80) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 530 - Courts frame policy issues in terms of legal rights, not costs and benefits
#expands(0.75) - Judicial desegregation policies prospered in politics’ absence.
#contradicts(0.75) — Matthew D. Lassiter, The Suburban Origins of “Color-Blind”…, 113