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The Conversation
The Conversation
Politics
Harry Hobbs, Senior lecturer, University of Technology Sydney

Has US-style politicisation of the courts come to Australia?

Senators Elizabeth Warren and Patty Murray responding to news that the Supreme Court is poised to overturn the Roe v. Wade decision. J. Scott Applewhite/AP

In the landmark 1973 decision of Roe v Wade, the US Supreme Court held that the right to privacy provided by the 14th amendment to the US Constitution protects a woman’s right to choose to have an abortion. Last month, a leaked draft of Dobbs v Jackson Women’s Health Organization revealed that a majority of the Supreme Court is poised to overturn that decision.

How did it come to this? In part, it’s a result of the extreme politicisation of the US judiciary, with judges routinely appointed based on their political views. Many people voted for former US President Donald Trump because he promised to appoint conservative judges. Many others voted for President Joe Biden because he promised to appoint judges that would protect Roe and other progressive laws.

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