> controversies in upper courts so often devolve to the question of whether fact-finding should be deferred to legislatures instead of court cases You might be

> controversies in upper courts so often devolve to the question of whether fact-finding should be deferred to legislatures instead of court cases You might be right but not what I typically have observed. Usually if things are fuzzy higher courts kick it back to lower courts to work on it more. Deferring to the legislature is what I see when what the public seems to want is at odds with what the court can do based on the law as it's written, which is a different dynamic completely.