Are the federal courts imperial, or are they merely handmaidens to the elected branches of government? The federal judiciary has a history of approving executive and legislative
restrictions on civil liberties during wars and other threats to national security. In the years
following Roe v. Wade (1973), which voided state laws prohibiting abortion, the Supreme Court
has approved many efforts by the state legislatures to restrict abortion. The present Supreme
Court justices have endorsed almost all efforts by state governments to expand their power over
accused persons, despite 1960s cases protecting them. The justices have also seemingly
endorsed capital punishment. In what respects does the federal judiciary still play any sort of
"checks and balances" role?