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by mywittyname 722 days ago
This assumes the court can even hear cases in a reasonable amount of time.

An overloaded court system means that defendants are put at a disadvantage and can likely be strong-armed into an agreement that is unfavorable. At least with agencies, companies knew where they stood, after all, most companies probably have a few former agents on staff.

Now it's, better hope you don't lose an injunction and you get a judge capable of understanding the technical reasons why your company should be allowed to operate in that capacity.

I don't think this is the pro-business win that conservatives claim it is. It just changes the rule of the game in ways that I think favor the government. If an agency gets an injunction, then continues to press for continuance based on the fact that they don't have the resources right now, and a judge buys it, then the company end up in judicial purgatory.

1 comments

>This assumes the court can even hear cases in a reasonable amount of time.

If it's a bandwidth issue, reducing the number of extra-judicial bureaucrats and upping the number of judiciary is pretty straightforward. Seems like a pretty simple rebalancing issue.

>Now it's, better hope you don't lose an injunction and you get a judge capable of understanding the technical reasons

Why would experts (like those that were informing executive agencies on their payroll) not be called here?

Because the judiciary has been so performant as of late.
The judiciary depends on Congress for its funding, and is perennially underfunded. Arguably this suits the legislative branch because a clogged judicial pipeline encourages people to pursue legislative relief.