CNN has now dropped their lawsuit against the White House because Jim Acosta’s “hard pass” press credentials have been restored, in what is basically a negotiated settlement. Acosta agreed to abide by new rules in exchange for receiving his press credentials. While some outlets have characterized this as compromising or “capitulating” to CNN, it’s actually smart for both parties and overall probably the best resolution. We’re America, land of the lawsuit, but not every dispute needs a courtroom resolution.

The thing no one was really talking about in terms of the merit of the case is the difference between federal legislation and procedural rules. Unfortunately, the Supreme Court and federal courts increasingly don’t distinguish between law vs. government action. They should.