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US Public Policy

Since Roe v. Wade, the United States Supreme Court has been the most influencing governmental branch in determining public policy on the legality of abortion since it occupies jurisdiction to interpret the Constitution and has the authority of judicial review. 6 Nonetheless, there still exists a substantial amount of power in the executive branch which stems from the presidents ability to appoint Supreme Court justices. American abortion law is a rather complex and broad scene and understanding it requires an adequate grasp of the American court system, the system of federalism, the theory of the separation of powers, and especially the doctrine of judicial review. Public policy on abortion emanates from four levels of policy-making institutions: state legislatures, federal courts, congress, and the executive branch. Although the legality of abortion essentially rested with the legislatures of the several states, in 1973, Roe v. Wade concluded that abortion was under the jurisdiction of the federal government as it became the "centerpiece of abortion law in the United States".4 While the "real" battle, regarding the concept of federalism, exists between the state and federal governments, the central point of discussion pertains to


While the president may seem to be the most influential and powerful man in the nation; in reality, he exercises limited power. According to the Constitution, there are various checks that other branches can use to curb his authority. The judiciary branch has a profound impact on legal cases and public policy if one takes into consideration the philosophy of judicial activism and the power of judicial review. The major influence of the president over the judiciary is his ability to appoint justices; however, once a particular justice is appointed, he or she is completely insulated, not required to worry about public opinion or influences from other branches.

the separation of powers between the judicial and executive branches of government. Although the president occupies the duty to appoint Supreme Court justices, his power is limited in controlling the outcome of public policy in the area of abortion, since once justices are appointed and approved, they are free to operate and evolve as they wish, entailing their ultimate supremacy in molding social policy on the legality of abortion.

After years of a liberal majority in the Supreme Court, the anti-abortion movement reached its peak during the three terms of Presidents Reagan and Bush. Reagan and Bush used Roe as a litmus test, while appointing Justices O'Connor, Scalia, Kennedy, Souter, and Thomas, during this twelve year period. Meanwhile, twenty-seven years after Roe v. Wade, the nation's most significant decision regarding women's rights, freedom of reproductive choice hangs by a "frayed thread".5 This is mostly because of Presidents Ronald Reagan and George Bush, both adamant foes of abortion rights, appointed Supreme Court Justices who shared their ultra-conservative views.2

After the 1973 court case, abortion became legalized and the topic became a divisive political issue for Americans, cleaving the public into two groups, pro-life and pro-choice. In the early 1980s, President Ronald Reagan, in an attempt to control the makeup of the Supreme Court to ensure its accordance with his anti-abortion philosophy, failed to actually influence and overturn the Court's decision. Despite the efforts of Reagan, as well as the following president, George Bush, Roe v. Wade still stands today in spite of the twenty-one times that the ruling has been challenged.1

President George Bush was equally as comfortable in exercising his executive pow

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Approximate Word count = 1627
Approximate Pages = 7 (250 words per page double spaced)


  

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