Preetham V, School of Law, Christ (Deemed to be University), Bangalore
ABSTRACT
In the USA, falling birthrates and growing abortion rates were caused by women's increasing participation in labour force and college enrollment rates in. Their rising need for secure abortion services was painfully apparent to the doctors and nurses who staffed the nation's emergency rooms and cared for women who had had illegal abortions. Roe v. Wade's judgement was hence historic in establishing a woman's agency over her choices and bodily health. But it all came tumbling down with its overturn in 2022 in the Dobbs v. Jackson Women's Health Organization case by the Republican appointed conservative judges. The judge's decision establishes the law rather than being defined by a set of principles especially when restrictions like anti- abortion laws are more in line with conservative pro-life principles. This Research article analyzes academic articles, textbooks on realism and jurisprudence, the sociological study on the importance of timely access to abortion(and Right to Privacy) and most importantly jurist’s writings on the problematic politics imbalance of Conservatives and Liberals on the bench leads to biased interpretation of Questions of Law regarding Rights of Women and bodily autonomy and politically controversial judgements while pronouncing ‘Judge made Law’.
Keywords: Realism, Abortion rights, Conservative, Privacy, liberty
