"If we are to understand not only “whether” but also “how” and “why” judicial review played a role in escalating the abortion conflict, there is much that we yet need to investigate concerning the dynamics of conflict over abortion the years after Roe. For example, if the Court’s decision in Roe was the sole cause of backlash, why did polls after Roe show no sign of decline in public support for abortion—and by some measures, record an increase in support for liberalizing access to abortion? Who attacked the Court’s abortion decision and when? Why, for example, was there not a single question asked about Roe at the confirmation hearings of Justice John Paul Stevens nearly three years after the decision? Why did it take until the end of the 1970s for the Southern Baptist Convention to oppose abortion categorically185 and for leaders of conservative Protestant evangelicals to enter politics in opposition to Roe? And, strikingly, why did those affiliated with the Democratic and Republican parties switch positions on abortion in the decades after Roe? For that matter, how is it that leaders of the national political parties seem to have switched positions on abortion nearly a decade before citizens affiliated with the parties? A Court-centered account of conflict does not seem well suited to notice these historically specific features of polarization over abortion—or to explain them. Where the Court-centered account interprets signs of extraordinary conflict over abortion as evidence that the Court has repressed politics,188 the political account of backlash asks whether extraordinary conflict and polarization over abortion might instead be the very expression of politics."
January 1, 1970