The immense power of the U.S. Supreme Court as a co-equal branch of government comes directly from the Constitution. The court has the final say on the meaning of the Constitution. Other than in the appointment of justices, there are very limited checks upon the power of the court. And conservative justices who now dominate the court will be a fact of life for years to come no matter how divided our society may feel about it.

Supreme Court justices have lifetime tenure. There are no term limits and no mandatory retirement age. Justices remain on the bench for life or until they choose to retire. No political balance is required. This is the constitutional structure of judicial independence. Public opinion has little moment. All these factors present significant challenges in a democracy in which we are used to our institutions reflecting the country's divisions and diversity of opinion.