鈥淲e鈥檙e a democratic republic, and 鈥榳e the people鈥� ultimately should be the rulers. To the extent that it鈥檚 unelected people in robes deciding these questions [about abortion], 鈥榳e the people鈥� are essentially left out of this.鈥� 鈥� UMass Law Professor Dwight Duncan
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UMass Law constitutional law Professor Dwight Duncan was quoted in a recent article in the Christian Science Monitor on the potential consequences if the U.S. Supreme Court overturns Roe v. Wade. The article, titled 鈥淥verturning Roe might be simple; the politics that follow won鈥檛 be,鈥� appeared in the wake of President Trump鈥檚 nomination of Judge Brett Kavanaugh to replace retiring Justice Anthony Kennedy, which would change the composition of the nation鈥檚 highest court and raises the possibility of the court overturning Roe v. Wade.
The article suggests that legislators in swing states or in states with divided government 鈥渕ay not relish having to codify their rhetorical positions into concrete laws and regulations.鈥�
As Professor Duncan explains, 鈥淯p until now ... state legislatures could duck this controversial social issue and say 鈥� to whomever they鈥檙e talking to, whether they鈥檙e pro-choice or pro-life 鈥� 鈥業 agree with you, but there鈥檚 nothing I can do about it because the Supreme Court has taken it out of my hands.鈥� If Roe v. Wade was undone, the issue is back in their ballpark and they no longer have that excuse. The politics change.鈥�
In addition, the article notes that state representatives would be forced to address the complexities of the abortion issue under intense public scrutiny. 鈥淪ome say that鈥檚 a good thing. Policies set by the legislative branch, as opposed to the judiciary, tend to be perceived as more legitimate because they reflect the will of the people.鈥� The article again quotes Professor Duncan, who notes, 鈥淲e鈥檙e a democratic republic, and 鈥榳e the people鈥� ultimately should be the rulers. To the extent that it鈥檚 unelected people in robes deciding these questions, 鈥榳e the people鈥� are essentially left out of this.鈥�
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