The right to a safe, legal abortion hangs by a thread in the Supreme Court. The last abortion rights case, Stenberg v. Carhart, was decided by a narrow 5-4 pro-choice majority. What's more, other critical women's rights and civil rights cases have been decided by narrow vote margins in the current Supreme Court, including affirmative action, family and medical leave, and women's equal educational opportunities (Title IX).

President Bush has kept his promise that he would appoint justices in the mold of Justices Antonin Scalia and Clarence Thomas, two of the most ardently anti-choice and anti-women's rights justices on the Supreme Court. With Chief Justice John Roberts and Justice Samuel Alito on the court, the balance of the Supreme Court has been shifted.

In response to the confirmation of Alito, Feminist Majority President Eleanor Smeal said, "Instead of reaching out to women and/or people of color to make the Supreme Court more diverse and representative, Bush has slammed the door in the face of women and minorities. He has appointed a man who would turn back the clock on women's rights and civil rights."

Bush has now returned his attention to the packing of the lower federal courts with far-right judges as he relentlessly pushes the most extreme nominees for lifetime terms on these critical appellate courts.

The New Supreme Court Justices

Samuel Alito

Confirmed to the Supreme Court by a 58-42 vote in the Senate, the closest vote on a Supreme Court nominee since Clarence Thomas (52-48), Samuel Alito has demonstrated hostility to women's rights, civil rights, workers' rights, separation of church and state, and privacy rights.

Learn more about the confirmation battle over Samuel Alito here.

Read news about Samuel Alito.

John Roberts

On September 29, 2005, John Roberts was confirmed as Chief Justice of the United States. The Feminist Majority opposed his confirmation.

Learn more about the confirmation battle over John Roberts here.

Read news about John Roberts

Information about the Courts

US Supreme Court

In 1992, the US Supreme Court almost overturned Roe v. Wade! Justice Kennedy initially voted to overturn Roe but Sandra Day O'Connor, according to Justice Blackmun's papers, convinced him to changed his vote just as Chief Justice Rehquist was circulating the opinion that would have gutted abortion rights in this country. Roe still hangs by a slim 5-4 majority on the US Supreme Court. The addition of even one more anti-choice Justice could mean the reversal of Roe v. Wade. More >>

Federal Circuit Courts

Bush has been busy packing the lower courts with far right judges. The federal circuit courts are the last resort for most federal cases involving reproductive rights and civil rights for women and minorities. In fact, 99 percent of federal cases will be settled in the circuit courts. More >>

Nuclear Option

The so-called "nuclear option" would have eliminated the filibuster, taking away the most important tool available to those Senators trying to block circuit court nominations. Before it went into effect, a group of Senators struck a deal allowing votes on specific nominees while preserving the filibuster for use in "extraordinary circumstances." What does this mean for a Supreme Court vacancy? Will women's rights be considered extraordinary circumstances? More>>