Yochai Benkler

We suffered a terrible blow on 11 September 2001. We responded with fear and anger. A fight-or-flight response is adaptive in any species. For us, given our power, fight was the only response we could imagine.

Judges wear legal professionalism and precedent as a mantel that secures legitimacy for their decisions. It's how they distinguish themselves from politicians or administrative agencies, while wielding power that is sometimes much greater than those democratically accountable actors.