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Supreme Court

espect for the law as it has been enacted by the Legislature. Rather than creating new laws from broad interpretations. For myself, it is somewhat harder to distinguish what judicial restraint is. An example of judicial restraint would be the 1996 case of Bowers v. Hardwick. Hardwick was charged with violating the Georgia statute of sodomy by committing a sexual act with another male in the bedroom of his home. He challenged his conviction in the Supreme Court. The key issues were that Supreme Court upheld his conviction stating that the Constitution does not give the right for homosexuals to engage in sodomy. The justices also felt that “there should be great resistance to expand the reach of the due process clauses to cover any new fundamental rights”. Whereas the Roe v. Wade decision stated that women have the right to privacy when in the constitution no right exist, the Bowers v. Hardwick decision stated that there is no part of the constitution that gives the right of sodomy by homosexuals. ...

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