The court and public opinion have clashed at times, but they've entered into a “symbiotic relationship" over the last 60 years, Barry Friedman suggests in his 2009 book “The Will of the People." The court doesn't stray too far from popular opinion.
“I think many Americans believe that there should be some sort of kind of sliding scale where the right is protected and then as the pregnancy continues, then the interests of the potential life become more significant,” Sen said, adding that Roe allowed for that nuanced thinking.Researchers have found — and some of the justices themselves have acknowledged — that court decisions and public opinion are often aligned, but some experts say it’s probably not a direct link.
“It’s really hard to decipher: was it public opinion that’s driving these decisions or is it just that the justices have preferences and they’re exposed to the same thing that most of us are exposed to?” said Elizabeth Lane, assistant professor of political science at Louisiana State University.Scholars point to judicial appointments and court legitimacy as potential ways that the public has indirect influence on the court.
Justices may also consider how the public will receive a ruling, though the new abortion ruling makes clear some on the court don’t believe that’s an important consideration.While the court can issue its ruling, it has to rely on other actors — the public, politicians and even lower courts — to accept and implement it, said Charles Franklin, professor of law and public policy and director of the Marquette Law School poll.
Justice Sonia Sotomayor recently emphasized the need for public faith in the court system. Justice Elena Kagan in 2018 spelled out why: “You know we don’t have an army. We don’t have any money. The only way we can get people to do what we think they should do is because people respect us."
Source: Law Daily Report (lawdailyreport.net)
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