Courts rarely dictate policy because rulings need 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 (#corroborates, via linked claim)

Because courts regularly decide cases that involve important policy issues, it might seem that they are in a position to dominate policymaking in the United States. But in actuality the relationship between judicial decisions and public policy is quite complex. — G. Alan Tarr, Judicial Process and Judicial…, 191 (#corroborates, via linked claim)

The federal judiciary’s difficulties in implementing Brown underscore its limited power to compel compliance, particularly when opposition is widespread. As Alexander Hamilton noted in The Federalist Papers, the judiciary does not control “either the sword or the purse” and must “ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” When the executive and legislative branches support the federal judiciary, compliance with judicial mandates is likely. Thus, when the power of the sword and of the purse were brought to bear on Southern school districts after 1964, noncompliance rapidly ended. But when the other branches of the national government maintain neutrality or oppose judicial policies, the federal courts’ ability to ensure compliance declines dramatically. — G. Alan Tarr, Judicial Process and Judicial…, 1648 (#instantiates, via linked claim)

Categorization

  • XREF: connects to: Courts depend on the other branches to enforce their judgments. — G. Alan Tarr, Judicial Process and Judicial…, 1648; Most judicial policymaking gives effect to rather than overrides democratic will. — G. Alan Tarr, Judicial Process and Judicial…, 1500; Courts lack the power to dictate public policy and depend on political support — G. Alan Tarr, Judicial Process and Judicial…, 212 (+6 more)

Broader Connections