Why Roe Still Stands: Abortion Law, the Supreme Court, and the Republican Regime

Studies in Law, Politics, and Society

ISBN: 978-1-78635-076-3, eISBN: 978-1-78635-075-6

ISSN: 1059-4337

Publication date: 14 April 2016

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.

Keywords

Citation

Thomas M. Keck and Kevin J. McMahon (2016). 'Why Roe Still Stands: Abortion Law, the Supreme Court, and the Republican Regime', Studies in Law, Politics, and Society (Studies in Law, Politics, and Society, Volume 70). Emerald Group Publishing Limited, pp. 33-83

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DOI

: https://doi.org/10.1108/S1059-433720160000070009

Publisher

:

Emerald Group Publishing Limited

Copyright © 2016 Emerald Group Publishing Limited

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