My summary feeling --- overall (here and in general)
While Courts most often (not here !) are solid "deciders" ----- seems to me (as a bunch of recent articles concur) -- courts have taken or been left with - power and decisions that belong to the other two branches
Congress in particular is not stepping up to clarify its own (historical) laws --- leaving courts to consistently tell all of us (including) congress - what laws were meant to do
Even if this Congress has many questions over its head ---- an active legislative body is missing --- and thus AGENCIES (what I think you call 4th branch) and courts fill the void - for better or worse
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