Article author:
Associated Press
Hannah Fingerhut
Washington (AP) — The Supreme Court's decision to overturn the 1973 Roe v. Wade decision is unpopular with the majority of Americans — but , It was important.
The relationship between the public and the judiciary has been studied and discussed by legal and political scientists. Easy answer: It's complicated. There is evidence that the general public plays an indirect role in the judiciary, but that may be changing.
In the end, Judge Samuel Alito admits that the court "acknowledges that our decision is influenced by external influences, such as concerns about the public's reaction to our work. I can't. "
Following the leaked draft poll, the polls that were already suffering were further depressed by the Supreme Court's approval, driven by those who supported Roe's maintenance. Is shown.
Courts and public opinion have occasionally clashed, but in the last 60 years they have entered into a "symbiotic relationship," Barry Friedman suggests in his 2009 book, The Will The People. The court is not far from public opinion.
It is difficult to know for sure how it happens and whether it is true. Mayasen, a political scientist and professor at Harvard Kennedy School, said: "This is a complex chicken-and-egg situation that can unleash these forces, but it's very difficult to do."
is the public opinion about clearing abortion.
Although there are subtle differences in abortion polls, polls show broad support for Roe and the right to abortion. In a May AP-NORC poll, 70% of adults in the United States said the Supreme Court should leave Roe as it is, rather than overturn it.
Roe is one of the "minority cases" that people admit, and "is recognized as an important Supreme Court case," Sen said.
In a May poll, only 8% said abortion should be illegal in all cases, but many Americans support some restrictions. In last year's AP-NORC poll, the majority of adults said that abortion was all or most often illegal, and commented on whether pregnant women could get a legal abortion for any reason. Was divided.
"Many Americans should have some sort of sliding scale where their rights are protected and their potential life benefits increase as their pregnancy continues. I believe Sen added that Law made that subtle thought possible.
Public opinion is directly involved in court decisions.
Researchers Found that court decisions and public opinion were often in line, and some judges themselves admitted, but some experts said it was probably not a direct link.
The most important thing in making a decision is the judge's "a set of political and judicial philosophies that give priority over the outcome of the case," said Texas A's professor of politics. Joseph Ura says.&M University. "Everything else is a bit of a limit around it."
Judges themselves experience the same things as everyday Americans, so assess causality. Is getting harder.
"It's really hard to decipher. Is it the public opinion that drives these decisions, or the judges have a preference and most of us are exposed? Is it just exposed to the same thing? "said Elizabeth Lane, an assistant professor of political science at Louisiana State University.
Does public opinion indirectly affect the courts?
Scholars point out the appointment of a judiciary and the legitimacy of a court as a way for the general public to have an indirect effect on the court.
One is for voters to elect a president to appoint a judge and a senator to confirm the judge.
"In the long run, the courts should remain in line with public opinion, assuming there is a reasonable rotation in which the judge resigns for any reason consistent with the historical change in party power. You can, "says Ura. ..
Recently, experts say it has been compromised. Coincidentally and by political tactics, more incumbent judges (six of them) were appointed by the Republican President.
In their dissenting opinion, the court's liberal judge wrote:
Judges may also consider how the general public receives the judgment, but some courts say that the new abortion judgment is an important consideration. It is clear that I do not believe it.
A court can make a judgment, but it must rely on other parties (public institutions, politicians, and even lower courts) to accept and implement it. Voting at Marquette Law School.
"It is doubtful that judges will wake up every morning and check polls to see if people agree, but in the long run, courts are the mechanism. "For the enforcement of their ruling, which requires some public support," Franklin said.
The support thresholds required by the court may have changed. Due to the deepening political polarization, the reaction from civil servants and elected civil servants is "less currency" than before, Ura said. Controversial or unpopular decisions do not necessarily cause the wrath of bipartisan coalitions.
It is important if the public faith in court is low.
Courts have historically enjoyed a consistent and positive view among the public. However, Polling has shown confidence in the court, and court approval began to decline last year, worsening since the draft was leaked. Is it important that public confidence in the court is low?
"The idea of court legitimacy was a way to sustain itself when making a controversial decision," Franklin said.
Judge Sonia Sotomayor recently emphasized the need for public faith in the court system. Judge Elena Kagan in 2018 explains why: I have no money. The only way to get people to do what we think we should do is because they respect us.
Michael Salamone, a professor of political science at Washington State University, said that "specific support" (as measured by voting) for courts can easily fluctuate depending on the reaction to the court's decision. I explained. However, "diffusion support" (trust in the role of institutions in democracy) is historically resilient. It is not yet known if that diffused support will suffer due to the decision to overthrow Roe.
"Based on the amount of rhetoric and the many attention-grabbing properties of these decisions," he said. "Maybe we've reached the limit of our resilience."
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Associated Press writer Jessica Gresco contributed to this report.
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For the full Supreme Court decision on abortion by AP, seehttps://apnews.com/hub/abortion