The argument is that the justice system is slow and expensive because it is overloaded with cases that don't really belong in the justice system in the first place. Which is not a radical idea; e.g. only some cases merit the attention of a district court, and fewer still merit the SCOTUS.

You can see the "overloading" perspective when you look at the asylum hearing backlog. The demand outstrips the judiciary's ability to run fair hearings practically to the point of absurdity.