More Evidence You Can’t Rely On The Courts To Change Laws

If history repeats itself one more time…

In case you didn’t hear a higher court reversed a lower court on whether the federal employee vaccine mandated was valid.  (https://www.npr.org/2022/04/07/1091558679/appeals-court-oks-biden-federal-employee-vaccine-mandate)

This is just another example of why courts shouldn’t be a primary strategy.

While the court wants to get to the right decisions they often have a hard time getting to those decisions (lots of time, expense and attention) and can be very unpredictable. Indeed - as we are seeing - different courts at different levels - or different areas - may disagree on what is right. This can understandably make members of the general public (and lawyers) not know what is next.

And while US Supreme Court decisions are generally binding on many courts in many situations getting the Supreme Court to address an issue can be difficult. The Supreme Court doesn’t even to take all cases presented to it. And when it does take a case it doesn’t have to settle all issues. The court often addresses some issues in the case (those key to the outcome) and may completely not address other issues – ones you might be very interested in knowing what they think about.

What all of this points to is if you want better laws your first line of offense should usually be changing the laws in the legislature, not the courts. While legislation can be difficult to pass and have it’s own court challenges it is more certain in most cases.

If you read many legal opinions closely the judges will even tell you that some question should be answered by the legislature, not the courts.

This is one of the reasons The American Freedom Information Institute stays focused on law changes over court cases in most situations.

Shawn

NOTE: While legal issues are discussed this is education and is not legal advice. It is not a substitute for the advice of an attorney. Please consult your own attorney on your situation and to get legal advice about your circumstances. Courts are unpredictable may disagree with the author’s opinions.

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