Court composition changes drove litigants to shift between courts and legislatures

Evidence

After 1986, however, the Court’s composition changed, and so did its rulings (see Table 10.2). From 1986 to 1992, four members of the Roe majority retired, and Presidents Reagan and Bush replaced them with justices unsympathetic to Roe. These changes brought a reversal of roles for pro-life and pro-choice groups. Opponents of abortion, sensing victory, turned their attention to the courts and appealed cases to the newly constituted Court in the hope that the justices would seize the opportunity to reverse Roe. Pro-choice groups, meanwhile, turned to the political arena, mobilizing support for pro-choice candidates and urging Congress to enact legislation safeguarding abortion rights. — G. Alan Tarr, Judicial Process and Judicial…, 3143

Categorization

• XREF: connects to: Change in federal court orientation diverts rights litigation into state courts and constitutions. — G. Alan Tarr, Judicial Process and Judicial…, 1729; Implicit negotiation between courts and legislatures shapes common law even absent statute — G. Alan Tarr, Judicial Process and Judicial…, 3539; Civil-liberties litigation shifted to state courts when the Supreme Court grew conservative (+3 more)

Broader Connections

• Civil-liberties litigation shifted to state courts when the Supreme Court grew conservative #exemplifies (0.85)
• Implicit negotiation between courts and legislatures shapes common law even absent statute #expands (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 3539