At some point, our system has started to look more like a system mutated through jurisprudence, rather than through sane collective action via legislation, which seems to be held up by the political machinations of special interest groups/the two main political parties, and less accessible/approachable by most constituents apparently; which leaves these types of judiciary precedent golf games to be the seemingly more accessible form of legal landscape change.
We're looking more like a country ruled by judges than by anything resembling some sort of sense in terms of how we architected the Government.
I'm not even sure I could pinpoint where the specific hangup is, or suggest a reasonable change without several years to really absorb the structural aspects of the system, and painstakingly listing out the inputs/outputs.