Supreme Court Public Policy

In proving this point, the controversial case of Roe v. Wade, 410 U.S. 113 (1973) serves as a good example. In determining the constitutionality of the right of a woman to procure a safe and legal abortion, the Court was entering upon an issue of concerted debate and heated emotions. Most of the states by the 1960s had statutes restricting, even outlawing, unnecessary abortions (unnecessary meaning any one not directly needed to ensure the health and life of the pregnant woman) (Putzel, 1

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xpected for interest group pressure to be pervasive in both the legislative and executive branches of government. However, it cannot be denied that justices are humans too. They can and are affected by mass public outcry just as any other agent of the government. Chief Justice William Rehnquist states it concisely, "Judges, so long as they are relatively normal human beings, can no more escape being influenced by public opinion in the long run than can people working at other jobs" (Baum, 1989, p. 129). As such, judicial policy preferences come into play in determining outcome. The judges are influenced from the outside and from within in their decisions. But it is still evident that the Court is better equipped to deal with public pressure when it comes to controversial issues. The Court does not subscribe as readily to outside influences and specific constituencies when deciding policy. The Court, in deciding this case, had to intricately examine the Constitution for justifying their choice. The Court found this justification clearly in the language of the First Amendment. The Court did not take it upon itself to decide the issue of 'when life begins' (USCCR, 1975, p. 27). The Court left this decision up to the indiv
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Approximate Word count = 1438
Approximate Pages = 6 (250 words per page)

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