The End of Roe v. Wade

Abstract

The Supreme Court seems poised to overrule Roe v. Wade and hold that there is no constitutional right to choose abortion. The reversal of Roe seems to run counter to public opinion in the United States—while many favor restrictions, a clear majority do not want Roe reversed and favor access to abortion early in pregnancy. The current Court’s apparent willingness to run the risk of political pushback has a complex history. Scholars have long described the Court as a countermajoritarian institution, but in practice, as historians have shown, the Court tends not to stray too far from popular opinion. For a Court bent on reversing Roe and tackling a long list of other divisive topic, concerns about institutional legitimacy no longer appear to be an effective check. A post-Roe Court may be more unplugged from popular opinion, with unpredictable results for the future of the democracy.