By Barbara M. Yarnold

In this research of federal lawsuits depending upon the landmark Roe v. Wade choice, the writer reveals that the pro-life circulate within the usa has suffered repeated losses in abortion litigation. also, her examine exhibits that, regardless of claims on the contrary, the pro-life circulation is a free number of underfunded and understaffed public curiosity corporations. The pro-choice forces are tremendously extra robust in abortion litigation, have improved association and financing, and comprise not just public curiosity teams but in addition inner most pursuits corresponding to clinics scientific companies. Divided into 3 elements, the research starts with a public legislation research of the progeny of Roe circumstances, studying these variables which seem to influence court docket judgements. subsequent the paintings examines political components and litigation assets as variables in explaining court docket judgements. and eventually, the paintings deals 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 e-book might be of curiosity to these heavily drawn to the political and criminal ramifications of the abortion controversy.

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Extra resources for Abortion Politics in the Federal Courts. Right Versus Right

Sample text

Most notable is the huge involvement of interest groups, both pro-choice and pro-life, in these cases: 66 percent of the cases (96 out of 145) had interest-group involvement. However, the pro-life forces were overwhelmed by the much higher involvement of pro-choice groups. Pro-choice groups were involved in 65 percent (or 94 out of 145) of the cases, as compared to only 10 percent (or 14 out of 145) for pro-life groups. 5 to 1 advantage over pro-life forces, which was linked to highly favorable court outcomes for the pro-choice forces.

The political factors that I predict may affect judicial decisionmaking include the partisanship of the judges adjudicating a case or the partisanship of the presidents who appointed them, the preferences of judicial constituents, and the involvement of interest groups in cases (Yarnold 1992a). Therefore, in order to test whether courts respond to the political clout of groups or their litigation resources/repeat-player status, the best type of case would be one in which the issue the court deals with is major and publicized and a case in which interest groups are deeply interested in judicial outcomes.

One expects that a pro-choice political ideology will be significantly related to success in cases dealing with the abortion issue. Hence, the first POL is the political ideology of the group, and specifically, whether a group is pro-choice. The second POL is referred to as "politic" and measures whether the organization is highly involved in political processes. In order to determine whether an organizational litigant has political power, one must examine its political activities. Baum (1989, 1990) and others (Yarnold 1988, 1990a, 1990b, 1991, 1992a; Vose 1990) note that interest groups are quite active in lobbying Congress on judicial appointments.

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

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