Major Supreme Court constitutional rulings culminate organized campaigns, not isolated litigation.
Evidence
Like most important policy issues that make their way to the Supreme Court, abortion did not emerge as a constitutional issue by happenstance or through the dogged efforts of a single person. Although there was never a fully orchestrated plan to test the constitutionality of restrictions on abortion, a loose network of groups committed to liberalizing state abortion laws had formed in the 1960s. Thus Roe v. Wade, like Brown v. Board of Education, is best understood as the culmination of a campaign to promote legal change. — G. Alan Tarr, Judicial Process and Judicial…, 3079
Categorization
- XREF: Connects to the book’s treatment of Brown v. Board of Education and NAACP litigation strategy as the model of campaign-driven constitutional change.
- SEED: Angle: how test-case litigation networks manufacture constitutional questions long before the Court rules.