The Supreme Court ruling to overturn its 1973 Roe v. Wade decision is unpopular with a majority of Americans — but did that matter?
The court and public opinion have clashed at times, but they've entered into a “symbiotic relationship" over the last 60 years, Barry Friedman suggests in his 2009 book “The Will of the People." The court doesn't stray too far from popular opinion.
All of the Supreme Court justices were questioned about their judicial beliefs on the legal precedent of Roe v. Wade during their senate confirmation hearings. Here’s what they had to say.Public opinion on abortion is nuanced, but polling shows broad support for Roe and for abortion rights. Seventy percent of U.S. adults said in a May AP-NORC poll that the Supreme Court should leave Roe as is, not overturn it.
Only 8% in the May poll said abortion should be illegal in all cases, but many Americans support some restrictions. An AP-NORC poll last year showed majorities of adults say abortion in the second and third trimesters should be illegal in all or most cases, and opinions were closely divided over whether a pregnant woman should be able to obtain a legal abortion for any reason.
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."
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