The Potential Legacy of the Roberts Court: Gonzales v. Carhart and the birth of a new understanding of Judicial Activism

Elly Laff, Gonzaga University

Abstract

This article looks at the way Presidents from Reagan to G..W. Bush have used their power of appointment to seat Justices on the US Supreme Court who will carry forward the goals of the administration, in particular, overruling Roe v. Wade. This article looks specifically at the most recent US Supreme Court case dealing with abortion, Gonzales v. Carhart, and discusses the history of the presidential appointments of the five Justices who were in the majority of that decision. The article tries to clarify the conventional wisdom that an activist court is defined as one that tries to adjudicate change within a current social milieu. It argues that activist courts can also include those that work to maintain the existing social status quo or attempts to reverse decisions to return to a previous status quo. In doing this it discusses the ramifications the Gonzales decision may have on women’s rights, particularly in the realm of reproductive rights.