"Supreme Court decisions are often thought of as if they have no history, somehow beginning and ending in the Supreme Court. But they are products of a judicial system, one that traditionally adheres to certain axioms that protect and enhance the quality of Supreme Court review. One axiom posits that the Supreme Court should hesitate to decide disputes which the political branch is still actively debating. Beyond observing the well-established "political questions" doctrine, the Court respects the representativeness of government and deepens the thoughtfulness of its own deliberations if it stays out of a dispute until legislatures and executives make an initial decision. A second axiom cautions that even after a dispute reaches the judicial system, the Supreme Court should still hesitate to hear a specific case until lower courts have "aged" the dispute by articulating the best arguments on both sides and discarding the unpersuasive or irrelevant. The Supreme Court completely disregarded both those axioms in Roe."
January 1, 1970