Answer to Question 1
An ideal response will:
1, Discuss how pro-choice supporters initially failed in using the lobbying pathway to influence state lawmakers to adopt laws favorable to the pro-choice position in the 1960s. Instead, they were more successful in using the courts to ensure access to abortion. This culminated in the landmark Roe v. Wade Supreme Court decision, which struck down a Texas law restricting abortion as a violation of a woman's right to privacy. Pro-choice supporters have also used the courts on other occasions when state laws have severely restricted abortion access. In specific cases, pro-choice supporters have used the elections pathway as well. For instance, following South Dakota all but criminalizing abortion, pro-choice supporters used the ballot initiative to allow the voters to overturn the law restricting access to abortion. Pro-choice supporters have also used the cultural change pathway, arguing that reproductive freedom was necessary to ensure women's equality.
2, Describe the pathways opponents of abortion have used to restrict abortion. They have used the elections pathway to elect candidates who oppose abortion. This pathway has also been used to try to elect Republican presidents who would then appoint pro-life judges who might rule against abortion access or eventually overturn Roe v. Wade. They have used the lobbying pathway to try to influence lawmakers to pass laws restricting access to abortion. They have used the grassroots mobilization pathway to organize protests against abortion clinics and women seeking abortions. In some cases, abortion doctors have been killed by opponents to the pro-choice position. Abortion opponents have also used the cultural change pathway, attempting to label abortion as murder.
Answer to Question 2
An ideal response will:
1, Recall the questions at issue in state courts.
2, Identify the legal issues within the jurisdiction of the federal courts.
3, Explain how the state court system is limited to state law and constitutional matters.
4, Discuss the ways in which the federal courts can review cases originating in state court.
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