"For almost twenty years, abortion policy in America has been controlled by the courts"

The quote by Robert Casey, "For almost twenty years, abortion policy in America has been managed by the courts", highlights the significant function the judiciary has actually played in forming abortion laws in the United States. This declaration draws attention to the landmark Supreme Court decision in Roe v. Wade in 1973, which effectively legislated abortion nationwide and developed a woman's constitutional right to choose an abortion without excessive federal government constraint. The choice marked a pivotal shift in abortion policy, eliminating legislative power from state governments and putting the supreme authority in the hands of the judiciary.

For two decades following Roe v. Wade, the courts undoubtedly played a dominant function in governing abortion policy. The decision set a legal precedent that impacted the entire legal landscape worrying reproductive rights. Throughout this period, various obstacles and cases associated with abortion were brought before the courts, and they typically served as arbiters in stabilizing states' interests with specific rights. This judicial oversight was required to make sure that state laws did not infringe upon the civil liberties acknowledged by the Supreme Court.

Additionally, Casey's quote suggests a certain degree of criticism or concern regarding the judiciary's influence over a contentious social and moral concern. By stating that abortion policy has actually been "controlled" by the courts, he might be underscoring the stress in between judicial authority and democratic processes. This suggests a hidden dispute about whether a panel of judges should have such a definitive role in shaping policy on deeply divisive issues, which preferably would involve wider public consideration and input from elected legislative bodies.

The courts' control over abortion policy likewise indicates a battle for power in between state and federal authority. Numerous states have actually consistently sought ways to manage or restrict abortion in alignment with local values and beliefs, leading to continuous legal obstacles and court decisions. This dynamic shows the complexity and contention surrounding the problem of abortion, exposing the intricate balance between securing specific rights and showing popular opinion in democratic governance.