"yes, judges are independent, and the founders thought that this independence would protect their ability to uphold the law, even when doing so is unpopular. on the other hand, this independence can look like unaccountability and it can create what the great legal scholar alexander bickel called the 'countermajoritarian difficulty.' throughout our history, many of the supreme court's most contested decisions have been in cases—think of cases involving, for example, gun regulations or abortion restrictions—where the justices struck down duly enacted laws and, critics contend, acted against the will and legitimate choice of the majority."—richard w. garnett this statement is an example of the constitutional debate around whether judicial independence contradicts lifelong appointment conflicts with accountability supports judicial restraint surrenders power to the states