What was the court’s reasoning in protecting abortion in Roe ? Looking back at the interpretations we discussed earlier in the semester, what “school of thought” would this decision fall?

Assignment Question

After reading the summaries of the Roe and Dobbs decisions, reading the article on the Supreme Court Abortion cases and listening to the podcast, please answer the following (minimum three sentences for each question):

What was the court’s reasoning in protecting abortion in Roe ? Looking back at the interpretations we discussed earlier in the semester, what “school of thought” would this decision fall?

What was the court’s reasoning in protecting abortion in Dobbs?

Looking back at the interpretations we discussed earlier in the semester, what “school of thought” would this decision fall? Last night (November 7, 2023), Ohio voters (a state considered leaning Republican and with an anti-abortion Governor) voted in favor or enshrining the right to abortion in the state constitution.

The podcast (aired in August 2023) discusses the losses Republicans have taken since Dobbs and ask whether there is “buyer’s remorse”.

Do you agree that the political ramifications should have any impact on future Supreme Court decisions, considering the Court is supposedly a non-political branch of the government (basically, if a law is unconstitutional, does it matter that it is popular)?

Links to articles and podcast: https://www.oyez.org/cases/1971/70-18 https://www.oyez.org/cases/2021/19-1392 https://www.brennancenter.org/our-work/research-reports/roe-v-wade-and-supreme-court-abortion-cases?fbclid=IwAR2Kz765sUBsiwqWn8pUki4YpcoxJ5XIvEl-o3OJui8uI1lC__Ix_JJhJU4_aem_AfgrWAFkIRW408Mm01VaIrZ7E38XR6HSpUUMVtGivgFGN7waH7ALIX-9h5PpMj5bFbY https://podcasts.apple.com/us/podcast/the-dobbs-decision-hasnt-aged-well/id1469168641?i=1000623650575

 

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