Get Abortion Politics in the Federal Courts. Right Versus Right PDF

By Barbara M. Yarnold

In this research of federal complaints depending upon the landmark Roe v. Wade choice, the writer unearths that the pro-life move within the usa has suffered repeated losses in abortion litigation. also, her study exhibits that, regardless of claims on the contrary, the pro-life move is a free choice of underfunded and understaffed public curiosity businesses. The pro-choice forces are greatly extra strong in abortion litigation, have more suitable association and financing, and comprise not just public curiosity teams but additionally deepest pursuits akin to clinics clinical companies. Divided into 3 components, the research starts off with a public legislation research of the progeny of Roe situations, studying these variables which seem to impression courtroom judgements. subsequent the paintings examines political components and litigation assets as variables in explaining courtroom judgements. and eventually, the paintings bargains a descriptive research of abortion litigants which divides the teams into significant different types and evaluates them by way of their assets, sturdiness, and different such elements. This booklet can be of curiosity to these heavily attracted to the political and felony ramifications of the abortion controversy.

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Nevertheless, in other federal court cases dealing with refugees and asylees (Yarnold 1988, 1990a, 1990b, 1992a), international extradition (Yarnold 1991a, 1992a), and abortion (Yarnold 1992a), I found that court outcomes were significantly related to political factors. From this point, I devised a "general model of public law" that explains these conflicting findings on the extent to which judicial outcomes are linked to political factors (1992a). Specifically, I predict, "courts, whether their members are appointed or elected, are expected to respond to their political environment when (1) the case affects the interests of powerful interest groups in the United States; and/or (2) the issue involved in the case is a major, publicized one" (Yarnold 1992a: 30 ABORTION POLITICS IN THE FEDERAL COURTS 105).

27 Nagel 1961; Vines 1963; Carp and Rowland 1983; Yarnold 1992a). Presidential appointees to the federal bench are overwhelmingly members of the same political party as the President (Baum 1989; 1990; Yarnold 1992a). Even if sincere attempts are made to shield federal judges from political forces, the federal judiciary is continuously exposed to a court environment that attracts powerful political actors (Baum 1989; Yarnold 1992a). The same interest groups that dominate policy-making by the legislative and executive branches (Schattshneider 1960; Olson 1971; Lowi 1979; McFarland 1980) are present in the federal courts, though their lobbying of the federal judiciary is constrained somewhat by the formality and symbolism of the institution, both of which tend to wrap the judiciary in an aura of nobility, objectivity, and impartiality.

In an interview dated November 24, 1991, Baird remarked that the pro-abortion movement had 42 ORGANIZATIONAL PLAYERS IN ABORTION LITIGATION 43 been rendered ineffective at times because of the conflict among groups active in the pro-abortion movement. According to Baird, groups that had emerged as major actors in the pro-choice camp by the 1990s were initially opposed to legalized abortion and even fought to limit the availability of birth control. For example, in the early 1960s the leaders of Planned Parenthood were opposed to both birth control and abortion.

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Abortion Politics in the Federal Courts. Right Versus Right by Barbara M. Yarnold


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