It's unfortunate that it's easy to forget the judicial branch (I do too). It's tough to perceive their actions as governing in the same way that Congress governs, but it is in fact the case. It's also great when it's used effectively.
But they don't govern the same way Congress does, which is part of the beauty of the system.
They certainly play a role in governing, but where Contress is active (in theory), the Courts are reactive, waiting for a case to be brought to them. Where Congress is reaching for power and often places limitations on citizens, the Courts (in principle) ensure Congress does not claim too much power and limits Congress.
