2018 2018: Professor Duncan Quoted in Christian Science Monitor on Potential Consequences of Overturning Roe

“We’re a democratic republic, and ‘we the people’ ultimately should be the rulers. To the extent that it’s unelected people in robes deciding these questions [about abortion], ‘we the people’ are essentially left out of this.” – UMass Law Professor Dwight Duncan

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 “Overturning Roe might be simple; the politics that follow won’t be,” appeared in the wake of President Trump’s nomination of Judge Brett Kavanaugh to replace retiring Justice Anthony Kennedy, which would change the composition of the nation’s 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 “may not relish having to codify their rhetorical positions into concrete laws and regulations.”

As Professor Duncan explains, “Up until now ... state legislatures could duck this controversial social issue and say – to whomever they’re talking to, whether they’re pro-choice or pro-life – ‘I agree with you, but there’s nothing I can do about it because the Supreme Court has taken it out of my hands.’ If Roe v. Wade was undone, the issue is back in their ballpark and they no longer have that excuse. The politics change.”

In addition, the article notes that state representatives would be forced to address the complexities of the abortion issue under intense public scrutiny. “Some say that’s 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.” The article again quotes Professor Duncan, who notes, “We’re a democratic republic, and ‘we the people’ ultimately should be the rulers. To the extent that it’s unelected people in robes deciding these questions, ‘we the people’ are essentially left out of this.”

To read more, visit: https://www.csmonitor.com/USA/Politics/2018/0718/Overturning-Roe-might-be-simple-the-politics-that-follow-won-t-be