Federal Judicial Reasoning and Abortion Policy: Comparing Supreme Court Opinions Over Time

Posted on | by Linus

In this assignment, you will compare and contrast different modes of reasoning by the federal judiciary members.

Go to the Oyez website and click on the Justices link. You can click on any justices to get biographical information, such as how long they served, which president appointed them, and other information. Note who appointed the justices and the length of time that these justices served on the Court. You can click on Opinions from each justice site to read the arguments written by individual justices.

Another way to examine the Court\’s influence on public policy is to investigate a series of cases dealing with a particular public policy issue: abortion. From the homepage, click the search bar in the top right corner and search for the cases you may want to examine, such as Roe v. Wade, Webster v. Reproductive Health Services, and Planned Parenthood of Southeastern Pennsylvania v. Casey. Consider how the Court\’s position has changed since 1973.

(For example, note that former chief justice William H. Rehnquist was involved in the abovementioned cases over 20 years. Was he ever in the majority? Did his views change?)

After reading the example cases, write a 3- to 5-page paper that addresses the following:

  • Select two decided cases on the same public policy issue and compare and contrast the majority opinion with the minority dissent for both cases.
  • Does the time that someone has served on the Court matter?
  • Does public opinion influence the opinions of the justices?
  • Has the Court\’s opinion changed on the issue over time?

 

Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!

This step-by-step tutor-style guide will help you analyze Supreme Court reasoning clearly, stay organized, and meet all assignment expectations.

Step 1: Clarify the Goal of the Assignment

This is an analytical comparison paper, not a case summary. Your purpose is to:

  • Compare majority vs. dissenting opinions

  • Evaluate judicial reasoning styles

  • Analyze change over time in abortion-related rulings

Every section of your paper should connect back to how and why justices reason differently.

Step 2: Choose Two Supreme Court Cases

Select two abortion-related cases decided at different points in time. Common and effective pairings include:

  • Roe v. Wade (1973) and Planned Parenthood v. Casey (1992)

  • Roe v. Wade (1973) and Webster v. Reproductive Health Services (1989)

Choose cases that allow you to show continuity and change in Court reasoning.

Step 3: Research the Justices Using Oyez

On the Oyez website:

  1. Click Justices

  2. Identify:

    • Who wrote the majority opinion

    • Who wrote the dissent

    • Which president appointed them

    • Length of service on the Court

Pay special attention to long-serving justices (e.g., William H. Rehnquist) and track whether their views remained consistent.

Step 4: Organize Your Paper Properly

Use clear, logical sections. A strong structure looks like this:

  1. Introduction

  2. Overview of the Two Cases

  3. Case One: Majority vs. Dissent

  4. Case Two: Majority vs. Dissent

  5. Time on the Court and Judicial Reasoning

  6. Public Opinion and the Court

  7. Change in the Court’s Position Over Time

  8. Conclusion

Headings help keep your analysis focused and readable.

Step 5: Write an Effective Introduction

Your introduction should:

  • Briefly explain the role of the Supreme Court in shaping public policy

  • Introduce abortion as a long-standing policy issue

  • Identify the two cases you selected

End with a clear thesis stating whether the Court’s reasoning and stance on abortion evolved over time.

Step 6: Analyze Majority and Dissenting Opinions

For each case, do the following:

Majority Opinion

  • What constitutional principles are used?

  • Does the Court emphasize privacy, precedent, or states’ rights?

  • How does the majority justify its ruling?

Dissenting Opinion

  • What legal or constitutional arguments are rejected?

  • Does the dissent warn of future consequences?

  • How does it interpret the Constitution differently?

Avoid summarizing—compare reasoning styles and logic.

Step 7: Address the Guiding Questions

Use evidence from your cases to answer each prompt.

Does Time on the Court Matter?

  • Did long-serving justices change their positions?

  • Use examples such as Rehnquist’s evolving role in abortion cases.

Does Public Opinion Influence the Court?

  • Consider whether rulings reflect social stability concerns

  • Analyze Casey’s emphasis on precedent and legitimacy

Has the Court’s Opinion Changed Over Time?

  • Compare strict protections in Roe with limits allowed in later cases

  • Discuss incremental change rather than outright reversal

Step 8: Write a Strong Conclusion

Your conclusion should:

  • Revisit your thesis

  • Summarize how judicial reasoning differs between cases

  • Explain what this reveals about the Court’s role in public policy

Do not introduce new cases or arguments here.

Step 9: Cite All Sources Properly

Use the required citation style consistently.

  • Cite Oyez case pages

  • Cite majority and dissenting opinions

  • Include a reference list

Recommended Academic Resources

Use these credible sources to support your analysis:

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