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Roe ruling shows complex relationship between court, public

The Supreme Court ruling to overturn its 1973 Roe v. Wade decision is unpopular with a majority of Americans — but did that matter?

The relationship between the public and the judiciary has been studied and debated by legal and political scholars. The short answer: it’s complicated. There’s evidence that the public has an indirect role in the judiciary, but that might be changing.

In the final opinion, Justice Samuel Alito wrote that the court “cannot allow our decisions to be affected by any extraneous influences such as concern about the public’s reaction to our work.”

Polls following the leaked draft of the opinion show approval of the Supreme Court — which was already suffering — slumped even further, driven by those who supported keeping Roe.

Michael Salamone.
Salamone

Michael Salamone, political science professor at Washington State University, explained that “specific support” for the court — what’s measured in polls — can easily fluctuate with reactions to court decisions. But “diffuse support” — faith in the institution’s role in democracy — is historically resilient. It remains to be seen whether that diffuse support will suffer because of the decision to overturn Roe.

“Just based on the amount of rhetoric and the high-profile nature of so many of these decisions,” he said, “I’m wondering if we’ve perhaps reached our limit to that resilience.”

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