In Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito offers two main reasons why there is no Due Process right to an abortion in the Constitution, and hence why Roe v. Wade should be overturned: abortion is not mentioned in the text, and decisions about whether abortions should be permitted and, if so, under what conditions, are properly the province of the elected representatives and not federal judges. In this essay I show that, in many of the most significant cases decided by the Roberts Court, the Court has disregarded both of those reasons, and engaged in the kind of judicial activism it decried in Roe, in order to reach results that are favored by the Republican Party, whose Presidents have appointed the Justices that comprise the majority of the Roberts Court.
GW Paper Series
Morrison, Alan B., "Selective Judicial Activism in the Roberts Court" (2022). GW Law Faculty Publications & Other Works. 1612.