Courts are an aristocratic institution in a democracy. That's the dilemma for an institution that has the function of reviewing the will of the people. We're bound to be "anti-majoritarian."
Rose BirdThe judiciary must not take on the coloration of whatever may be popular at the moment. We are guardian of rights, and we have to tell people things they often do not like to hear.
Rose BirdThe courts are an easy scapegoat because at a time when everything has to boiled down to easy slogans, we speak in subtleties.
Rose Bird