Judicial policies often succeed through market responses the judges never foresaw.
Evidence
Hospitals, it turned out, were not crucial to the success of Roe. When they refused to perform abortions, medical clinics were opened to meet the demand. These alternative institutions developed because of the financial incentive for providing abortions. Ironically, neither abortion reformers nor the justices foresaw how critical clinics would be. Indeed, the issue of where abortions were to be performed was ignored in the briefs submitted by the parties in Roe and was addressed only briefly in Justice Blackmun’s opinion for the Court. In that sense, the success of Roe was as much the result of chance as of planning. — G. Alan Tarr, Judicial Process and Judicial…, 1655
Categorization
- STORYSTEM: A court decree whose whole implementation runs through unplanned private entrepreneurship is a rich ironic theme available to fiction or essays.
- XREF: connects to: Judicial rulings can set legal obligations without settling disputed public policy — G. Alan Tarr, Judicial Process and Judicial…, 207; Judicial rulings have policy consequences yet judges should not impose their own policy views — G. Alan Tarr, Judicial Process and Judicial…, 2688
Broader Connections
- Judicial rulings can set legal obligations without settling disputed public policy
#expands(0.82) — G. Alan Tarr, Judicial Process and Judicial…, 207 - Judicial rulings have policy consequences yet judges should not impose their own policy views
#expands(0.80) — G. Alan Tarr, Judicial Process and Judicial…, 2688