SIGNIFICANCE OF THE JUDICIARY IN SHAPING ONE AREA OF PUBLIC POLICY - ABORTION

Question 1

ROE V WADE 1973 - Details

Answer 1

Using the name “Jane Roe” a moan called Norma McCorvey challenged the right of texas to not allow her an abortion

Court ruled 7-2 that the women did have the right to an abortion in the early stages of pregnancy as 14th amendment

Question 2

ROE V WADE 1973 - Significance

Answer 2

Landmark case for women’s movement

Abortion became a defining political issue

Conservatives criticised unelected justices for “legislating from the bench”

Some argued congress passing a law would of created a democratic mandate for abortion rights

Question 3

PLANNED PARENTHOOD V CASEY 1992 - Details

Answer 3

Court upheld the right of states to regulate abortions provided they didn’t create a burden on women seeking an abortion

Question 4

PLANNED PARENTHOOD V CASEY 1992 - SIGNIFICANCE

Answer 4

The courts conservative majority led conservatives to believe roe v wade would be overturned

Court applied stare decisis by protecting rights they passed in the past

However the states had increased their power over abortions `

Question 5

GONZALES V CARHART (2007) - Details

Answer 5

The partial-birth abortion ban act 2003 was passed by congress and signed by Bush

Act ruled unconstitutional in lower federal courts

Court ruled 5-4 in favour of act

Question 6

GONZALES V CARHART 2007 - Significance

Answer 6

“partial-birth” abortions in later pregnancy still illegal

Court allowed congress to ban them even if women’s health was dangered (not fatal)

Ginsburg was the only woman in the court and voted against the act whereas all who voted for it where catholics

After conservative and religious groups focused on legislation rather than overturing roe v wade

Question 7

Whole woman’s health V hellerstedt 2016 - Details

Answer 7

Court ruled 5-3 that restrictions placed on texas clinics were unconstitutional as they placed an “undue burden” on women

Question 8

WHOLE WOMAN’S HEALTH V HELLERSTEDT 201 - Significance

Answer 8

A setback for conservative strategy of legislation to reduce abortion rights

Kennedy provided the crucial swing vote

Question 9

What did trump aim to overturn by appointing pro-life justices

Answer 9

overturn roe v wade

5-4 conservative majority from 2018

Question 10

What happened in june 2022 to roe v wade

Answer 10

Was overturned

20 states banned abortions