This is the perverse incentives one rather than the money one. The judges want to order people to do things and the judges are the ones who decide if the judges ordering people to do things is constitutional.

To prevent that you need Congress to tell them no, but that creates a sort of priority inversion: The machinery designed to stop the government from doing something bad unless there is consensus is then enabling government overreach unless there is consensus to stop it. It's kind of a design flaw. You want checks and balances to stop the government from doing bad things, not enable them.