The decision suggested that a judicial deference to the legislature was involved.
Brandeis dissented partly as a matter of judicial deference.
But today, few liberal or conservatives justices or judges consistently believe in judicial deference.
Having come of age when conservative judges regularly struck down progressive laws, judicial deference seemed to him to be a liberal position.
"It's plain that the idea of judicial deference was a dead end for conservatives from the get-go."
The court curbed the reach of the 1996 legislation and refused to give the traditional judicial deference to immigration policies adopted by the executive branch.
The judge can ask whether, given the statutory aims and circumstances, a hypothetical Member would likely have wanted judicial deference in this situation.
So every piece of judicial deference to the power of government in war may crimp the rights of citizens forever.
Justice Holmes, who served from 1902 to 1932, generally believed in judicial deference to legislative choices.
In making a case against judicial deference and for judicial balancing of interests, she says: