There is no doubt that the Supreme Court has a tremendous impact on our lives. The issues which are decided by the Court can carry serious social, political, moral and economic ramifications. The Court is argued to be the one branch of our federal government which is shielded from outside influences. Unlike the executive or legislative branches, which are directly confronted and benefitted by public interest groups, the judiciary is in a realm of its own. However, this is not to imply a mystical or omnipotent role for the Court; but rather, the justices are shielded more readily from pressure tactics. Following these assumptions then, some would contend that the Court should not extend its power into the public policy area of government. Yet, which branch is more suited to decide crucial issues affecting our nation? By factors such as its structure and duties, the Supreme Court should take an active role in determining 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, 1973, P. 120). Yet these statutes were of a fairly recent change in attitudes as witnessed by previous views on abortion. In researching state law concerning this issue, the justices discovered that there was a much more lenient viewpoint on abortion prior to 1900. This attitude was apparent in interpretations of the First, Ninth and Fourteenth Amendments to individual cases in the 19th Century. Only recently have many states adopted statutes severely restricting and outlawing abortion (Lockard & Murphy, 1...