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 BirdMy role isn't to be politically smart. My role is to do what's right under the constitution. And if that's politically unpopular, so be it.
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 Bird