The Supreme Court ruling to overturn its 1973 Roe v. Wade decision is unpopular with a majority of Americans - but did that matter?
The relationship between the public and the judiciary has been studied and debated by legal and political scholars. The short answer: it's complicated. There's evidence that the public has an indirect role in the judiciary, but that might be changing.
How that happens and whether it remains true are harder to know for certain."We don't have a viewfinder that shows us what the justices are doing," said Maya Sen, political scientist and professor at the Harvard Kennedy School."It's a complicated chicken-and-egg situation where we can try to disentangle these forces, but it's very hard to do."Public opinion on abortion is nuanced, but polling shows broad support for Roe and for abortion rights.
The most important thing in decision-making is justices'"set of political and judicial philosophies that give them preferences over the outcomes of the cases," said Joseph Ura, political science professor at Texas A&M University."Everything else is kind of marginal around that." In their dissent, the court's liberal justices wrote:"The Court reverses course today for one reason and one reason only: because the composition of this Court has changed."
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