The Least Dangerous Branch

Cassandra at Villianous Company has a great post about Justices O'Connor and Ginsburg's worries about those who have criticized the courts. She concludes,

Arguments like O'Connor's and Ginsburg's rely on the ignorance of the average American, but more alarmingly they represent the growing tendency of the Court to view itself as a law unto itself and of various factions to use the Court to circumvent the will of our democratically elected representatives. As a matter of legal ethics, mere lawyers are enjoined not to offer misleading arguments. How then is it proper for judges, who should be held to a higher standard, to proffer an argument in public which can only succeed if the hearer is ignorant of the very law those judges are sworn to uphold?