On the 24th of june the US-Supreme Court overruled the 50 year long standing right to abortion for women. Now it depends on the states whether women have the right to abort. Not surprisingly the overturn of Roe v. Wade from 1973 triggered a wave of protest because it is a major cut in the rights of women and thousands were protesting on the streets and in front of the capitol.
The motion by Norma Mc Corvey, aka Jane Roe, was filed on March 3, 1970. The judges had to address the question of whether abortion could be prohibited by law. The arguments to be considered in this case were the following: A ban on abortion protects the health of the mother and the life of the fetus; therefore, such a ban does not seem arbitrary because it is a justifiable means of achieving legitimate state goals. On the other hand, a woman's freedom with respect to her own pregnancy seemed to be a fundamental interest, in which case the legislature needs, first, a compelling reason, and second, the means of achieving that interest must be as least intrusive as possible. Although "privacy" does not appear literally in the Constitution, the justices agreed that such a right was fundamental, although there was no consensus on the extent of that right. Moreover, the due process clause prohibits the state from punishing an abortion. Thus, the interpretation was not primarily according to the wording of the Constitution, but according to the worldview of the supervising judges. The decision came on January 22, 1973, when the Texas state law banning abortion was declared unconstitutional in the spirit of a liberal decision. The 5th Amendment was used as justification: No person shall be deprived of life, liberty, or Property to be taken without due process. Chief Justice Harry Blackmun, referred to this right to privacy as implicit in other constitutional provisions. At the same time, in the parallel case of Dow v. Bolton, it was ruled that it was also unconstitutional for only certain hospitals to perform abortions in order to make this option more difficult for the women involved.
Table of Contents
1. INTRODUCTION
2. THE US SUPREME COURT
2.1 POSITIONING IN THE CONSTITUTION AND DEMOCRATIC LEGITIMACY
2.2 COMPOSITION OF THE SUPREME COURT
2.3 TASKS OF THE SUPREME COURT
3. PUBLIC CHOICE
4. US SUPREME COURTS`DECISION MAKING
4.1 THE LEGAL AND THE EXTRALEGAL MODEL
4.2 THREE DIFFERENT INFLUENCE PERSPECTIVES
5. CONCLUSION
Objectives & Core Topics
This paper examines the decision-making processes of the US Supreme Court, moving beyond traditional legal analysis to incorporate perspectives from public choice theory. It seeks to identify the various institutional, ideological, and political variables that influence judicial outcomes, ultimately questioning the extent to which justices act as autonomous legal arbiters versus utility-maximizing individuals shaped by their environment.
- Institutional framework and democratic legitimacy of the US Supreme Court.
- Application of public choice theory to the judiciary.
- Comparative analysis of the legal model vs. the extralegal model of decision-making.
- Impact of the Executive branch and nomination processes on judicial bias.
- Effects of public opinion and strategic voting on long-term policy influence.
Excerpt from the Publication
The extralegal model
Of course there are also different authors in favor of the extralegal hypotheses for example Pritchett (1948), Schubert (1959) and Spaeth (1979), just to name a few. In principle the extralegal model suggests that it is not the stare decisis that influences the outcome of a decision the most rather than a mixture of sociological, psychological and political factors. The representatives of this thinking differentiate between the law in books and the law in action, whereas the law in action should be adopted without forgetting about the law in books. The main argument why judges should not let themselves be constrained by the “mechanical jurisprudence” is because law would be static if it does not take into consideration the changing morals, norms and values.
In Addition judges are of course influenced by their own values and attitudes they grew up with just like every other human being too. Pritchett (1969) also suggests that judges might be even more vulnerable to these influences because you could interpret law either way. Famous economist Milton Friedman also criticizes the procedure of optimal punishment: “It treats criminals as rational, self-interested actors. But it treats the enforcement apparatus of police, courts, prosecutors, and legislature as a philosopher-king, with imperfect knowledge but only the best of motives”.
Summary of Chapters
1. INTRODUCTION: This chapter introduces the context of the US Supreme Court, exemplified by the Roe v. Wade case, highlighting the court's significant policy-making role and influence.
2. THE US SUPREME COURT: This section provides an overview of the court's constitutional standing, its internal composition, and its primary appellate tasks.
3. PUBLIC CHOICE: This chapter details the economic theory of public choice, explaining the concept of the rational utility-maximizing individual within the political and legal sphere.
4. US SUPREME COURTS`DECISION MAKING: This section analyzes how the court reaches its decisions, contrasting the traditional legal model with the extralegal model and exploring three specific influence perspectives.
5. CONCLUSION: This chapter summarizes the findings, reiterating that judicial decision-making is a complex interplay of law, personal ideology, and external political pressures.
Keywords
US Supreme Court, Public Choice, Legal Model, Extralegal Model, Judicial Review, Stare Decisis, Utility Maximization, Separation of Powers, Judicial Ideology, Political Influence, Roe v. Wade, Strategic Voting, Constitutional Law, Democracy, Legislative Interpretation.
Frequently Asked Questions
What is the primary focus of this paper?
The work investigates the diverse factors that influence the decision-making process of the US Supreme Court, specifically looking at why court outcomes extend beyond pure legal reasoning.
Which theoretical lens is applied to analyze the judicial process?
The paper utilizes public choice theory to treat justices as utility-maximizing actors rather than isolated, neutral observers of the law.
What is the central research question?
The research asks what external and internal influences, such as nomination processes, political pressure, and personal ideology, shape the rulings of the US Supreme Court.
How is the decision-making model categorized in the text?
The author distinguishes between the 'legal model', which relies on established precedent and stare decisis, and the 'extralegal model', which accounts for psychological and socio-political factors.
What specific topics are covered in the main body?
The main body covers the structure of the court, the role of federal judges, the economic perspectives on judicial behavior, the influence of the executive, and the impacts of public opinion.
What are the key terms that define the research?
Key terms include supreme court, utility maximization, public choice, judicial activism, and extralegal models.
How does the nomination process impact the judicial outcome?
The paper argues that presidents strategically nominate judges to align the court's median position with their own ideological goals, impacting policies long after their term ends.
What is the role of 'lateral' versus 'vertical' cases in curbing judicial independence?
The text suggests that the court is more constrained in 'lateral' cases where it requires public support or outside implementation to enforce its rulings, compared to 'vertical' cases.
- Arbeit zitieren
- Anonym (Autor:in), 2022, What are the influences on the decision making process of the US Supreme Court, München, GRIN Verlag, https://www.grin.com/document/1394992
