According to Alexis de Tocqueville, humanity is entering a new age of political and social equality, a new epoch in which the human race has no historical example or experience. As a result, he holds humanity's future will be largely determined by the political and moral choices made in this transitional time. For Tocqueville, the new egalitarian era is a forgone conclusion, but for him, the pressing question is whether humanity will choose a future in which it enchains itself to new forms of tyranny, or, whether the human race can establish the political and moral institutions designed to assure human freedom and dignity. In Tocqueville's view, liberty or slavery are the two choices modern men and women have in front of them, and it is the intent of this dissertation to explore Tocqueville's warning in regard to the latter choice. Tocqueville warns us that modern democratic peoples must beware of the moral and political effects of a new type of political philosophy, a political theory he terms democratic pantheism. Democratic pantheism is a philosophic doctrine that treats egalitarianism as a "religion" in which all social and political striving is directed toward realizing a providentially ordained strict equality of conditions. …

This thesis examines the effects of the change from strict scrutiny to the undue burden standard in Planned Parenthood v. Casey (1992). A history of abortion in the United States and the various ways in which government regulates it is explored. Particular attention is focused on the role of the federal judiciary in abortion regulation. Theories of judicial decision making are discussed as means to understand the outcome of cases. Several models are tested to determine which, if any, model explains judicial decision making. The effect of the change in standard, as well as an alternate precedent, are examined.