Undermine switch4/5/2023 ![]() ![]() While Justice Samuel Alito wrote in the majority opinion in Dobbs that Roe "has remained bitterly divisive for the past half century," an ABC News/Washington Post poll completed in May shows that 58% of Americans believe abortions should be legal in all or most cases. That's what the legislative branch of government is supposed to do," said Jared Carter, a professor of constitutional law and director of Cornell's First Amendment Clinic. "I don't think most people would want judges or justices making decisions based on what's politically expedient, or politically popular. Elizabeth Warren, of Massachusetts, told ABC News on "This Week" in June.īut some experts interviewed by ABC News said the court is doing what it is supposed to do - operating detached from the pull of public opinion - even when that is deeply polarizing. They just took the last of it and set a torch to it with the Roe v. "They have burned whatever legitimacy they may still have had. While there have been many far-reaching and consequential decisions by the high court and accusations on both sides of politicization, especially in recent decades, critics argue that the Supreme Court's current trajectory is running outside the American mainstream. MORE: Biden calls overturning of Roe a 'sad day' for Supreme Court, country The ruling also brought renewed attention to the Supreme Court's insulated role in government its power to review and upend legislative and executive action and the anti-majoritarian makeup of its members. Jackson Women's Health Organization as going too far, too fast, and the ruling touched off instant, passionate reactions from both sides. Bush and has emerged as a swing voter, lamented the court's landmark opinion in Dobbs v. Roe's reversal was partly possible because of the votes of the court's three most recent justices, all of whom were appointed for life by President Donald Trump - himself elected by a minority of the population though he lost the popular vote - and confirmed by Senate Republicans representing roughly 43% of the country.Ĭhief Justice John Roberts, who has helmed the court for 17 years after being appointed by George W. It was a rare instance of the court - whose transformative power on society stretches back to the early 19th century - restricting rights it had previously extended via the Constitution. Wade ruling, which had for five decades guaranteed a right to access abortion. On June 24, the Supreme Court's smallest-possible majority struck down the long-standing Roe v. 6 attacks and ahead of the 2022 election. ![]() This story is part of the ABC News series "Democracy in Peril," which examines the inflection point the country faces after the Jan. ![]()
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