Abstract
From one angle, abortion law appears to confirm the regime politics account of the Supreme Court; after all, the Reagan/Bush coalition succeeded in significantly curtailing the constitutional protection of abortion rights. From another angle, however, it is puzzling that the Reagan/Bush Court repeatedly refused to overturn Roe v. Wade. We argue that time and again electoral considerations led Republican elites to back away from a forceful assertion of their agenda for constitutional change. As a result, the justices generally acted within the range of possibilities acceptable to the governing regime but still typically had multiple doctrinal options from which to choose.
Original language | English (US) |
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Pages (from-to) | 33-83 |
Number of pages | 51 |
Journal | Studies in Law Politics and Society |
Volume | 70 |
DOIs | |
State | Published - 2016 |
Keywords
- Judicial decision-making
- Regime politics
- Republican party
- Roe v. Wade
- Supreme court
ASJC Scopus subject areas
- Sociology and Political Science
- Political Science and International Relations
- Law