The Supreme Court is well aware of its weight. Its opinions and dissents and the public appearances of its justices are filled with demonstrations of self-awareness about its power and influence and the perceived quandary of the court’s existence.

In testimony before the Senate Judiciary Committee in 2011, Justice Stephen Breyer posed this question about the Supreme Court: “We live in a democracy, and we do decide matters that will affect you, so why should nine people who are not elected have that authority?” It turns out, he offered a very compelling answer over the hearing’s course, one that was very protective of his institution as a necessity and very insistent on its independence.