Moving from the style to the substance of Third Branch decisionmaking, I will stress in the remainder of these remarks that judges play an interdependent part in our democracy. They do not alone shape legal doctrine but, as I suggested at the outset, they participate in a dialogue with other organs of government, and with the people as well.76 “Judges do and must legislate,” Justice Holmes “recognized without hesitation,” but “they can do so,” he cautioned, “only interstitially; they are confined from molar to molecular motions.”77
