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rather than definitively resolving the question of abortion rights, both Roe v. Wade,89 which legalized abortion in 1973, and Dobbs v. Jackson Women%u2019s Health Organization,90 which effectively overturned Roe v. Wade in 2022 and returned abortion policy to the states, led to prolonged and often heated public debate both in the states and nationally. Both cases will be discussed in more detail in Chapter 8.As both Amy Coney Barrett and Ketanji Brown Jackson stated in their confirmation hearings, justices must consider the facts of the case and the letter of the law when ruling on cases. Justices do have political viewpoints, however, and their personal views on issues may affect their decisions. They must keep in mind the role their institution plays in the system of separation of powers and in Americans%u2019 views of the legitimacy of the institution.In Federalist No. 78, Alexander Hamilton%u2014a proponent of a strong national government%u2014tried to reassure skeptics during the ratification debates that the Court was neither too political nor too powerful. Compared to the legislative and executive branches, the power of the federal judiciary in national policymaking is much less obvious. It cannot write laws, and it has no army. The Court must rely on the willingness of the people and the members of the other two branches to respect its role in our system of democratic government.Pro-life and Pro-choice advocates peacefully protest before the Supreme Court building prior to the Court%u2019s ruling in Dobbs%u00a0v.%u00a0Jackson Women%u2019s Health Organization, which effectively overturned Roe v. Wade and allowed states to ban abortion.Chip Somodevilla/Getty Images6.4 Describe philosophies of judicial decision-making and explain how Congress and the president may limit the powers of the Supreme Court.REMEMBER %u2022 Proponents of judicial restraint argue that the Court should use the power of judicial review rarely and defer to the judgment of the legislative and executive branches whenever possible.%u2022 Proponents of judicial activism argue that justices should be willing to overturn laws when necessary, sometimes making bold new policy.%u2022 The Supreme Court may act as a national policymaker, but there are checks on its power.%u2022 The Supreme Court relies on other branches of government to implement its decisions.%u2022 While the Supreme Court is insulated from the public, the Court%u2019s legitimacy is impacted by public opinion.KNOW %u2022 judicial restraint: a philosophy of constitutional interpretation that justices should be cautious in overturning laws and should adhere to the Constitution and case precedent. (p. 203)%u2022 judicial activism: a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies. (p. 203)THINK %u2022 When should the Court use judicial activism to make bold new policy?%u2022 When should the Court use judicial restraint, deferring to the judgment of elected officials?Section Review6.4 %u2022 Judicial Decision-making and Checks%u00a0on the Judicial Branch 207%u00a9 Bedford, Freeman & Worth Publishers. For review purposes only. Do not distribute.