Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/63

Rh public will perceive a decision as having been made for unprincipled reasons when the Court overrules a controversial "watershed" decision, such as Roe. Id., at 866–867. A decision overruling Roe would be perceived as having been made "under fire" and as a "surrender to political pressure," id., at 867, and therefore the preservation of public approval of the Court weighs heavily in favor of retaining Roe, see id., at 869.

This analysis starts out on the right foot but ultimately veers off course. The Casey plurality was certainly right that it is important for the public to perceive that our decisions are based on principle, and we should make every effort to achieve that objective by issuing opinions that carefully show how a proper understanding of the law leads to the results we reach. But we cannot exceed the scope of our authority under the Constitution, and we cannot allow our decisions to be affected by any extraneous influences such as concern about the public's reaction to our work. Cf. Texas v. Johnson, 491 U. S. 397 (1989); Brown v. Board of Education, 347 U.S. 483 (1954). That is true both when we initially decide a constitutional issue and when we consider whether to overrule a prior decision. As Chief Justice Rehnquist explained, "The Judicial Branch derives its legitimacy, not from following public opinion, but from deciding by its best lights whether legislative enactments of the popular branches of Government comport with the Constitution. The doctrine of stare decisis is an adjunct of this duty and should be no more subject to the vagaries of public opinion than is the basic judicial task." Casey, 505 U. S., at 963 (Rehnquist, C. J.). In suggesting otherwise, the Casey plurality went beyond this Court's role in our constitutional system.

The Casey plurality "call[ed] the contending sides of a national controversy to end their national division," and claimed the authority to impose a permanent settlement of the issue of a constitutional abortion right simply by saying