The fact that we wouldn’t have half of them if:
- Congress would stop writing bad legislation;
- Congress would stop writing ‘comprehensive’ legislation (yes, I’m making a distinction, here);
- The government was generally not quite so large and unwieldy.
Doesn’t matter how the decisions go down today; the real problem is structural. And largely the Democrats’ fault; they actually like big government on its own merit. Republican legislators you at least have to seduce into it.