Politicians talking less, using courts more to resolve disputed matters

A recent graph outlining lawsuits by the various U.S. states against the Trump administration showed the numbers increased almost 100 per cent over the second term of the Obama presidency.

As of the end of January states have filed 103 lawsuits to stop Trump administration actions, or force disclosure.

Such lawsuits against Obama numbered 53 in his second term, 25 during his first term.

The evidence suggests states see a greater need to sue the federal powers in order to prevent changes the states view as wrong. Attributing these lawsuits to partisan Democrat versus Republican politics oversimplifies the issues. Lawsuits by states on the federal administration have increased steeply in the last nine presidential terms from 14 in Ronald Reagan’s first term to 18 in Bill Clinton’s first term to 41 in George W. Bush’s first term.

The somewhat disturbing trend could mirror the American tendency to solve disputes with lawsuits and hopefully large settlement awards.

The state versus the president’s actions more likely mirror a trend to divisive partisan politics. Lawsuits are usually filed when the disputing groups have reached a point where talking the matter over is no longer a viable option to resolve the concerns.

Civil discussion and mutual respect forms the basis for a democracy and for the peaceful rule of law and order. A state without these two traits will eventually border on anarchy as courts are clogged with lawsuits and fewer and fewer disputes are settled by agreement. Frustrated voters will start believing the courts, not elected members, make laws. Canadians should not feel smug about the lawsuits south of the border. Provinces have in recent years started to use the courts to try and block federal legislation.

The multi-province lawsuits by Ontario, Manitoba, Alberta and Saskatchewan to stop the carbon tax is one example. The British Columbia lawsuit to control the contents of pipelines is another.

The incidence of provincial-federal lawsuits is still less than our neighbour but the trend remains disturbing by showing civil negotiations have broken down. Canadian lawsuits can be categorized as seeking clarification of powers between the provinces and the federal government. South of the border lawsuits against the Trump administration display a variety of concerns including detention practices of immigrant families, religious objections to health care fund use, funding of the border wall from the military budget without Congressional approval to travel bans on people from some Muslim countries. The win-loss record to date: states, 40 wins; feds, 17 wins; with 41 still in the system.

Ron Walter can be reached at ronjoy@ sasktel.net

The views and opinions expressed in this article are those of the author, and do not necessarily reflect the position of this publication.