The United States Abortion Controversy in the Context of Institutional Rivalry: The Interweaving of Justice, Politics, and Policy

This paper delves into the decades-long debate on abortion rights in United States, pointing out that its roots lie in the contradictions within the United States system. These contradictions manifest themselves through three main conflicts: judicial, political, and policy. Judicial conflicts revolve around the question of whether constitutional privacy rights should extend to abortion, with typical cases encompassing the pivotal rulings of Roe v. Wade and Dobbs v. Jackson Womens Health Organization. At the political level, the debate has been further exacerbated by bitter opposition between Republicans and Democrats, with opposing ideological positions on reproductive rights. Finally, the conflict between law and policy is reflected in the increasing polarization of abortion laws at the state level, leading to fragmentation of the national legal landscape. By analyzing these interrelated conflicts, this paper argues that the inherent contradictions within the United States system make the issue of abortion rights an ongoing and unresolved social issue.

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Publication Details

Journal
Communications in Humanities Research
Published
2024-09-27
DOI
https://doi.org/10.54254/2753-7064/45/20240105
Primary Topic
American Constitutional Law and Politics
Type
article
Field-Weighted Citation Impact
0.00
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article

The United States Abortion Controversy in the Context of Institutional Rivalry: The Interweaving of Justice, Politics, and Policy

Yuan Zheng
Communications in Humanities Research
American Constitutional Law and Politics
article

The United States Abortion Controversy in the Context of Institutional Rivalry: The Interweaving of Justice, Politics, and Policy

Yuan Zheng
article en

Abstract

This paper delves into the decades-long debate on abortion rights in United States, pointing out that its roots lie in the contradictions within the United States system. These contradictions manifest themselves through three main conflicts: judicial, political, and policy. Judicial conflicts revolve around the question of whether constitutional privacy rights should extend to abortion, with typical cases encompassing the pivotal rulings of Roe v. Wade and Dobbs v. Jackson Womens Health Organization. At the political level, the debate has been further exacerbated by bitter opposition between Republicans and Democrats, with opposing ideological positions on reproductive rights. Finally, the conflict between law and policy is reflected in the increasing polarization of abortion laws at the state level, leading to fragmentation of the national legal landscape. By analyzing these interrelated conflicts, this paper argues that the inherent contradictions within the United States system make the issue of abortion rights an ongoing and unresolved social issue.

Communications in Humanities ResearchVol. 45(1)
University of Malaya (MY)
Openalex Percentile: Top 74%
American Constitutional Law and Politics
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