That’s the claim of Ian Millhiser over at Vox. He added this, and he actually was serious:
Litigation, in other words, is a far more potent tool in the hands of an anti-governmental movement than it is in the hands of one seeking to build a more robust regulatory and welfare state.
That’s a feature of our republican democracy form of governance, not a bug. Millhiser’s beef is with our Constitution, not with our courts; our Constitution being as clear as it is on who makes the laws (it’s not the courts) and as clear as it is, also, on the lack of sacrosanctness of legislative edifices. Parliamentary Supremacy is a British thing, not an American one.
Millhiser knows this full well, and he destroys his credibility by pretending otherwise.