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.”
How that happens and whether it remains true are harder to know for certain. “We don’t have a viewfinder that shows us what the justices are doing,” said Maya Sen, political scientist and professor at the Harvard Kennedy School. “It’s a complicated chicken-and-egg situation where we can try to disentangle these forces, but it’s very hard to do.”Public opinion on abortion is nuanced, but polling shows broad support for Roe and for abortion rights. Seventy percent of U.S.
“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. The threshold of support that the court needs might be changing. A reaction from the public or elected officials has “less currency” than it used to because of deepening political polarization, Ura said. A controversial or unpopular decision won’t necessarily raise the ire of a bipartisan coalition.The court has historically enjoyed consistently positive views among the public.
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