The End of Roe v. Wade

Area of Science:

• Law and Society
• Political Science
• American Legal History

Background:

• The Supreme Court appears set to overturn Roe v. Wade, eliminating the constitutional right to abortion.
• This potential reversal contrasts sharply with majority public opinion favoring abortion access and opposing the overturning of Roe v. Wade.
• Historically, the Court has generally aligned with public sentiment, despite its countermajoritarian nature.

Purpose of the Study:

• To analyze the historical context and implications of the Supreme Court potentially overturning Roe v. Wade.
• To examine the relationship between the Court's decisions, public opinion, and institutional legitimacy.
• To assess the potential consequences of a post-Roe Court's divergence from popular sentiment on American democracy.

Main Methods:

• Analysis of historical legal precedents and scholarly interpretations of Supreme Court decision-making.
• Review of public opinion data regarding abortion access and the Roe v. Wade decision.
• Examination of the concept of judicial legitimacy and its historical relationship with public opinion.

Main Results:

• The current Supreme Court's trajectory suggests a willingness to depart from established legal precedent and public consensus.
• Concerns regarding institutional legitimacy may not deter the Court from reversing Roe v. Wade and addressing other contentious issues.
• A future Court that is less responsive to public opinion could lead to unpredictable outcomes for democratic governance.

Conclusions:

• The potential overturning of Roe v. Wade signifies a significant departure from the Court's historical tendency to consider public opinion.
• The Court's pursuit of controversial decisions may indicate a diminished concern for maintaining legitimacy in the face of political opposition.
• A less majoritarian-aligned Court poses potential risks to the stability and predictability of American democracy.