The United States Constitution builds politics right into the process of selecting federal judges. This third branch, the judiciary, is designed to have a longer view. To have individuals who are more insulated from politics. They're not elected directly. They're appointed for life. So, politics enters, but it's also, controlled. And if you bypass this process, I'm not sure what we do.

One of the paradoxes of liberal societies arises from the commitment to tolerance. A society committed to respecting the viewpoints and customs of diverse people within a pluralistic society inevitably encounters this challenge: will you tolerate those who themselves do not agree to respect the viewpoints or customs of others? Paradoxically, the liberal commitment to tolerance requires, at some point, intolerance for those who would reject that very commitment.

That's a really sad moment. When people in a democracy are afraid of having the conversation, because it might actually lead to a conclusion they don't like, as opposed to saying, let's have the conversation, and let's learn, and, you know, let's, let me try to persuade you, and if I'm not persuading you, then you try to persuade me. That's what we hope for.

I see, from my vantage point as the vice-chair of the Legal Services Corporation, a serious crisis going on in this country. Eighty percent of low-income people have no access to the civil justice system, meaning anything but criminal law.

I think that we see some cities that have developed living wage ordinances. I think that we see some efforts to actually put real restrictions on unscrupulous behavior by creditors. I think that the Consumer Finance Agency is a reflection of a political reaction to the abuses behind the financial disaster. I hope the system will continue to react.

The United States Constitution builds politics right into the process of selecting federal judges. This third branch, the judiciary, is designed to have a longer view. To have individuals who are more insulated from politics. They're not elected directly. They're appointed for life. So, politics enters, but it's also, controlled. And if you bypass this process, I'm not sure what we do.

Let's put it in perspective at the United States Supreme Court, which hears maybe 60 cases a year, most of the cases are resolved without much dispute. The 10 or 15 that are controversial we all know about, and we hear about. The federal courts hear just a tiny sliver of the cases that go to court in this country. Most of the cases are in the state courts. And most legal issues never go to court. So, the legal system is actually not in jeopardy. At the same time, access to law is in jeopardy.