The executive is at least elected, while the courts are not, even indirectly. More importantly, in recent decades one part has more often obtained what it wanted through the courts, another through executive order. Having them both as examples of undemocratic, would have made the questions more nonpartisan. As written, it seems pretty clearly written from a left-of-center position.

If the study questions had been written during FDR's time, when the courts were striking down parts of the New Deal and FDR was expanding the powers of the executive in order to expand the social welfare net, we likely would see different questions used as examples of undemocratic behavior.