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State Courts, State Legislatures, and Setting Abortion Policy
Jeong Hyun Kim1, Anna Gunderson2, Elizabeth A Lane2
1Yonsei University.
State supreme courts
Area of Science:
- Legal Studies
- Political Science
- Public Health
Background:
- The US Supreme Court's overturning of abortion rights in Dobbs vs. Jackson Women's Health Organization shifted abortion policy battles to the states.
- State supreme courts play a critical role in determining state-level abortion access and reproductive rights policies.
Purpose of the Study:
- To investigate how state political environments and the scope of abortion policy influence state supreme court decision-making.
- To analyze state court rulings on abortion over the past 20 years.
Main Methods:
- Analysis of an original dataset of state court decisions concerning abortion.
- Examination of the relationship between state political factors and judicial rulings on abortion policy.
Main Results:
- State legislative partisanship does not affect the direction of state supreme court rulings on abortion but influences the scope of regulations considered.
- Elected judges show greater responsiveness to constituent preferences in abortion policy rulings.
Conclusions:
- State supreme courts navigate complex dynamics influenced by political environments and policy scope.
- Judicial responsiveness to public opinion is a key factor in state-level abortion policy decisions.
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