Judges have become America's policymakers. And they're terrible at it.

Policy should not be made by an unaccountable legal priesthood

The Capitol building.
(Image credit: Illustrated | 3xy/iStock, Anton Tokarev/iStock, slavadubrovin/iStock)

The new Medicaid work requirements in southern states — which have thrown 18,000 people off their insurance in Arkansas — have been struck down. Judge James E. Boasberg of the DC Circuit Court ruled Kentucky and Arkansas hadn't justified their programs adequately, and so they're out at least for now. No doubt further legal action is forthcoming.

That's a good outcome for the beleaguered residents of these states. But it also demonstrates the extent to which American policy is made by the courts — who are usually terrible at it.

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Ryan Cooper

Ryan Cooper is a national correspondent at TheWeek.com. His work has appeared in the Washington Monthly, The New Republic, and the Washington Post.