There is a branch of government making public policy in America today that is mostly unelected: the courts.

Last year’s Hobby Lobby litigation and the King v. Burwell case are doing more to define the boundaries of Obamacare than all the flounderings in Congress. In this and other areas, it seems that if lawsuits are to be the new fast-track to policy reform, conservatives have decided not to let liberals have all the fun.