The courts are an easy scapegoat because at a time when everything has to boiled down to easy slogans, we speak in subtleties.
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 Bird...testifying for Dr. Privitera...To these 19 cancer victims, the enforcement of (California) Health and Safety Code Sect. 1701.1, the denial of them medical treatment, albeit unorthodox, albeit unapproved by a state agency, must surely take on a Kafka-esque, a nightmare quality. No demonstrated public anger, no compelling interest of the state warrants an Orwellian intrusion into the most private of zones of privacy.
Rose BirdCourts 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 Bird