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Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate. Judicial restraint is sometimes regarded as the opposite of judicial activism. In deciding questions of constitutional law, judicially restrained jurists go to great lengths to defer to the legislature. Judicially restrained judges respect stare decisis, the principle of upholding established precedent handed down by past judges.[dubious – discuss][better source needed]
Liberal restraint was shown in Whole Woman’s Health v Hellerstedt in which the 1973 decision of Roe v Wade was upheld in favour of a woman’s right to abortion. Cases on abortion have been heard since then, and while some have placed limitations on it, or allowed individual states to decide on those limitations, the unwillingness of the Court to overturn this decision remains.