Roman Catholic Agony: Justice Anthony Kennedy and the Politics of Abortion on the U.S. Supreme Court.

This paper analyzes U.S. Supreme Court Justice Anthony Kennedy’s position on abortion. I suggest that Kennedy’s decisions are not a product of his personal views on the matter – he is morally opposed – nor can they be explained by his overall moderately conservative voting pattern on civil liberties issues – as the attitudinal model suggests. Indeed, his votes on later abortion cases, such as Planned Parenthood v. Casey (1992) could not be anticipated from his position in earlier abortion cases such as Webster v. Reproductive Health Services (1989) and Hodgson v. Minnesota (1990). Instead, I argue his decisions can only be explained by his understanding of larger political forces. I suggest that Kennedy’s votes and opinion are based on his conception of how the abortion issue fits into the dominant political regime. In the first part of the paper, I define the dominant “abortion regime” in terms of public opinion, the activity of social movements, and legislative trends. The evidence suggests that the American people are supportive of a woman’s right to choose an abortion, yet at the same time supportive of restrictions on that right. I then discuss Kennedy’s decisions and opinions in High Court, high-profile abortion cases. I argue that his position on abortion is consistent with larger political developments: i.e. in line with the “abortion regime.” Indeed, his judicial opinions suggest that he is not only conscious of where the larger polity is located on this issue, but that he uses this understanding to make his decisions. I pay particular attention to Casey as the recently released papers of Justice Harry A. Blackmun have shed knew light on the “agony” Justice Kennedy went through in ultimately changing his vote in the case. [ABSTRACT FROM AUTHOR]