Abortion back in the Supreme Court


So, along with Brown v Topeka, most students love (to the boredom of most politics teachers!) the case of Roe v Wade. however, it is old. Even as an example of liberal decisions, or an activist court, it is old. The most sensible thing to use it for, and indeed the only one relevant for most essays, is the unwillingness of the Court to overturn previous decisions – stare decisis. They have shown a willingness to chip away at it, and places restrictions on it, but not to overturn it.

The Supreme Court issued a ‘delay of enforcement’ on a Texas law on abortion this week however – where the limits that Texas have placed on abortion clinics are so stringent that it effectively outlaws them (well, all but a few) so this law was stopped from coming into force. This could be used as example of a willingness of the court to take on more controversial issues. However, Alito, Thomas and Scalia all dissented from the opinion which further some evidence of the liberal/conservative split on the court. Yet the fact that Roberts voted with the liberals suggests perhaps that they are judicial not political. All sorts of ways this could be used in an essay and a very useful, up to date, example to know about abortion.