When people complain about unelected bureaucrats, what they actually mean is that they are unhappy that the executive is doing its job, while the legislature, which has the power to change the direction of the executive, is choosing not to change that direction.
Its some weird Schroedinger's legislature, where it is legally empowered to direct the executive, it chooses not to, and somehow, that choice is the executive's fault, and we need an activist judge to rescue us from it. Instead, of the normal process of 'if the legislature is unhappy with the direction of the executive, it could just issue a course-correction by passing a law'.
The republicans know they can't pass that law right now, so they are using the courts to avoid having to pass it. Then they'll seize control of the legislature in the midterms, and they won't need to pass it. The beauty of having a stacked court, is that you can sit around and do nothing, and not have to write any unpopular legislature, while you sit around and lay all the blame for any consequences of bad governance on appointed-for-life judges.
Its some weird Schroedinger's legislature, where it is legally empowered to direct the executive, it chooses not to, and somehow, that choice is the executive's fault, and we need an activist judge to rescue us from it. Instead, of the normal process of 'if the legislature is unhappy with the direction of the executive, it could just issue a course-correction by passing a law'.
The republicans know they can't pass that law right now, so they are using the courts to avoid having to pass it. Then they'll seize control of the legislature in the midterms, and they won't need to pass it. The beauty of having a stacked court, is that you can sit around and do nothing, and not have to write any unpopular legislature, while you sit around and lay all the blame for any consequences of bad governance on appointed-for-life judges.