The hostile legal environment is not just regulatory. It is long past time for the chairmen of the senate and house judiciary committees to sit down and figure out a major restructuring of the federal courts.
1) Adjusting the circuit courts for demographic changes, possibly including a split of the 9th Circuit. Likewise, eliminating entire courts (replacing them with different courts with different judges.) Retire a bunch of the worst of the judges this way—much easier than impeaching them.
2) Putting to rest a large number of “perpetual cases”, the same issues arising and traveling through the federal courts, clogging them. For example, the infamous “Bong Hits 4 Jesus” case, that made it to the SCOTUS *twice*. The judiciary committees could just state that a long list of case types are no longer allowed in federal court.
3) Also creating federal guidelines for “stare decisis” (court precedent), specifically excluding a lot of flawed precedents from federal courts.
4) Establish criteria for expert testimony. An expert is not an expert because they say they are, or have minimal credentials. No expert testimony for non-objective subjects.
Wickard v Filburn.
L