When rights collide.

Area of Science:

• Legal Studies
• Constitutional Law
• Societal Values

Background:

• Roe v. Wade established a constitutional right to abortion.
• The legal and political landscape surrounding abortion rights has been contentious.
• Supreme Court jurisprudence evolves in response to societal and legal pressures.

Purpose of the Study:

• To analyze the factors contributing to the eventual overturning of Roe v. Wade.
• To examine the historical and political underpinnings of Supreme Court decisions on fundamental rights.
• To assess the long-term sustainability of Supreme Court opinions that balance opposing, deeply held rights.

Main Methods:

• Historical analysis of Supreme Court decisions.
• Examination of the political context influencing judicial opinions.
• Review of legal scholarship on constitutional interpretation.

Main Results:

• The opinion in Roe v. Wade was inherently political, contributing to its instability.
• The Supreme Court's history indicates a tendency to retreat from positions balancing intensely opposed rights.
• Roe v. Wade represented values that have been rejected by the country.

Conclusions:

• The eventual overturning of Roe v. Wade was a predictable outcome based on legal and historical precedent.
• The decision's reliance on balancing competing rights proved unsustainable.
• Societal shifts in values rendered the legal foundation of Roe v. Wade obsolete.