have demonstrated judicial restraint by ruling in harmony with the precedent set by Roe or by delivering narrow rulings on specific questions that do not explicitly seek to overturn Roe in its entirety. Vacco v. Quill is an example of judicial restraint, in part for upholding a New York state law criminalizing physician-assisted suicide if the patient is terminally ill, and in part for refusing to set any new precedent such as a constitutionally protected right to die if terminally ill. Former Associate Justice Oliver Wendell Holmes Jr., considered to be one of the first major advocates of the philosophy of judicial restraint, described its importance in many of his books. One writer described Associate Justice Felix Frankfurter, a Democrat appointed by Franklin Roosevelt, as the "model of judicial restraint". William Rehnquist (Chief Justice 1986–2005) has been acknowledged as an advocate of judicial restraint, despite his Court's having overturned some precedents from the more liberal Warren Court. (In 1989, Lewis F. Powell Jr. analyzed decisions overruled by two previous Courts; Powell found that the "activist" Warren Court had explicitly overruled prior decisions 63 times in 16 years, whereas the Burger Court had overruled 61 decisions in 17 years — a "fairly constant" rate.) Ashwander rules The United States Supreme Court employs a principle called Ashwander rules, settled in Ashwander v. TVA (297 US 288, 346-347 (1936)), state that where a controversy may be settled on a platform other than one involving constitutional adjudication, the court should avoid the constitutional question. It was articulated by Justice Louis D. Brandeis, are a set of principles used by the United States Supreme Court for avoiding constitutional rulings. Justice Louis Brandeis, concurring in Ashwander v. Tennessee Valley Authority, 297 U.S. 288 (1936), summarized some prudential rules for exercising judicial self-restraint and avoiding ruling on the constitutionality of congressional legislation: The Court developed, for its own governance in the cases confessedly within its jurisdiction, a series of rules under which it has avoided passing upon a large part of all the constitutional questions pressed upon it for decision. They are: The Court will not pass upon the constitutionality of legislation in a friendly, non-adversary, proceeding, declining because to decide such questions "is legitimate only in the last resort, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to