The day had been historic. Justice Elena Kagan joined the Court, giving it three women for the first time. And for the first time since the 1975, John Paul Stevens wasn’t on the bench. But Breyer was guarded when asked about the day, offering only that “it was a nice day, nice to have new members, always sorry to lose our old members.”

Breyer wasn’t trying to be curt or unfriendly, but rather has learned the importance of staying on message – his message — during his current series of media interviews to promote his new book Making Our Democracy Work: A Judge’s View.