Whether courts address problems at the opportune time is largely a matter of chance

Evidence

Courts do not control when they will confront policy issues, because they do not control their own agendas. Rather, they must wait for litigants to bring policy issues before them for resolution. With the exception of the U.S. Supreme Court—and, to a lesser extent, some state supreme courts—they cannot decline to hear properly brought cases, even if the cases raise policy issues that are not ripe for resolution. In sum, although timing may be essential to effective policymaking, it is largely a matter of chance whether courts will address problems at the time most conducive to their successful resolution. — G. Alan Tarr, Judicial Process and Judicial…, 2852

Categorization

• XREF: connects to: Courts lack the remedial flexibility and cost-benefit tools of other policymakers — G. Alan Tarr, Judicial Process and Judicial…, 2871; Courts may retroactively invalidate conduct though litigants often dispute it — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2861