LOL, what “big government” is used here? The courts are fundamental, and it is FAR from an “IDENTICLE” (SIC) tactic to correctly use the courts to enforce existing laws. That you cannot grasp that is simply indicative of your problem, not of the issues at hand.
In the same way that that the "Anti-Gunners", "Let's enforce Healthy Eating", Enviormentalists or any other Nanny Statist, have decided to to use the civil courts with lawsuits against Gun Manufacturers or Fast Food companies, etc... are attempting to "legislate through litigation"...
If you can't see these are two sides of the same coin then you are truly blind...