Feminist Court Watch

The US Supreme Court

Our Rights on the Line

The last Supreme Court ruling on abortion was a razor-thin 5-4 decision declaring unconstitutional an abortion procedures ban.

The 5-4 Split

Alexander v. Sandoval (2001):
The Supreme Court ruled that individuals and communties could not come to court to stop actions by their state government that disporportinately hurt minorities. In a 5-4 decision, the Court overturned 30 years of law and practice that had allowed such state rules and laws to be challenged under Title VI of the Civil Rights Act.

Bush v. Gore (2000):
The Supreme Court recently decided the Bush v. Gore case by a 5-4 margin. If the Court is willing to elect a president by a 5-4 vote, surely it would be willing to reverse Roe v. Wade by a 5-4 margin.

Stenberg v. Carhart (1999):
Justices Breyer, Stevens, O'Connor, Souter, and Ginsburg saved reproductive rights by voting against an abortion procedure ban that could have outlawed all abortions. The 5-4 decision could easily be reversed given a George W. Bush appointment.

Boy Scouts of America v. Dale (1999):
Justices Stevens, Souter, Ginsburg, and Breyer dissented in the Court's decision allowing the Boy Scouts to discriminate on the basis of sexual orientation. A 5-4 vote was enough to limit gay and lesbian rights.

"We believe that Roe was wrongly decided, and that it can and should be overruled." - J. Rehnquist, J. Thomas, J. Scalia, Planned Parenthood v. Casey

Supreme Court Justices have the power to influence every factor of our lives with their decisions as the highest court in the United States -- from the right to privacy to the right to free speech. Supreme Court decisions affect every law in the nation, and Supreme Court Justices serve lifetime appointments.

In 1973, Roe v. Wade was decided by a 7-2 majority of the Supreme Court. Since that time, the appointment of conservative anti-choice justices by Presidents Reagan and Bush Senior has eroded support for abortion rights on the Supreme Court. The most recent Supreme Court decision on abortion (Stenberg v. Carhart) in 1999 was decided by a razor thin margin of 5-4 in favor of abortion rights. The appointment of even one more anti-choice justice could result in the reversal of Roe v. Wade.

The Supreme Court is Due for a Vacancy
Women in the United States face the most serious challenge to reproductive rights since the legalization of abortion 30 years ago. With the US experiencing the longest period without a vacancy on the US Supreme Court in over 100 years, a vacancy is expected at any time. Given the ages and health status of the current justices, it is almost certain that President Bush will be allowed to appoint at least one justice during his term. Unless nominees who support abortion rights are appointed to fill these vacancies, the Supreme Court's current 5-4 pro-choice margin will be lost.

Roe v. Wade Could Be Overturned
A woman's constitutional right to abortion currently hangs in the balance. A razor-thin 5-4 margin narrowly saved reproductive rights in the Court's last decision on abortion (Stenberg v. Carhart 2000). The appointment of just one anti-choice Justice could result in the reversal of Roe v. Wade. If Roe v. Wade is overturned, some women will die - some will be maimed - too many women's lives will be sacrificed. We will return to the days when desperate women risked their lives by resorting to self-inflicted or illegal back-alley abortions. If Roe is overruled, the "right to privacy", which was first articluated in Griswold, the legalization of birth control will be subject to question as well, and the results of the birth control access cases may change. more>>

Bush Appoints Anti-Choice, Anti-Women Nominees
Since taking office, anti-abortion President Bush has consistently taken steps to restrict abortion rights. Bush has stated that he would model his judicial appointments after Justices Scalia and Thomas, the two most ardent anti-choice justices on the Supreme Court. Through his nominations to district and appellate judgeships, he is trying to stack the federal courts with anti-choice, right-wing ideologues. Learn more about Bush's judicial nominations and take action against anti-women nominees>>

Blocking Anti-Choice, Anti-Women Nominees in the Senate
Under the Constitution, the Senate has an equally important role in the confirmation of Supreme Court justices. Senators have a constitutional obligation to research and review decisions, philosophies, records and/or speeches of nominees. Actions by pro-choice Senators to oppose anti-choice nominees in the Senate will be crucial in blocking President Bush's determined attempts to stack the federal courts with reactionary judges. More about the Senate's role in blocking anti-women judicial nominees>>

Chronology of US Supreme Court Reproductive Rights Cases
Read more about Roe v. Wade and other US Supreme Court cases that have upheld reproductive rights or chipped away at the right to abortion established in Roe. chronology>>

Supreme Court Cases to Watch
The Supreme Court will soon hear several cases which address several issues that will have an impact on women's lives. Supreme Court cases to watch>>

Current Supreme Court Justices

John Roberts - Chief (G.W. Bush)	John Stevens (Ford)
Antonin Scalia (Reagan)	Ruth Bader Ginsburg (Clinton)
Clarence Thomas (Bush)	Stephen Breyer (Clinton)
Anthony Kennedy (Reagan)	David Souter (Bush)
Samuel Alito (G.W. Bush)

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