The current Supreme Court is narrowly divided, with three justices who clearly support the right to choose, three justices who would overturn Roe v. Wade, and three swing votes. The most recent decision addressing restrictions on the right to choose upheld the right — by a razor-thin vote. President Bush is likely to have the opportunity to replace at least one, if not more, of the justices who continue to uphold Roe's basic principles. President Bush opposes the freedom to choose. He has touted Justices Antonin Scalia and Clarence Thomas — the Court's two most virulent opponents of Roe — as his model justices. Just one more anti-choice justice could gut the protections of Roe.

The lower federal courts, where many key reproductive rights decisions are handed down, are also in jeopardy. The Administration is engaged in a campaign to pack these lower courts with judges who will roll back basic constitutional freedoms, including civil rights, workers' rights, and the freedom to choose. Moreover, anti-choice members of the Senate are pressuring pro-choice lawmakers to rush through the confirmation process of many of the President's more controversial nominees.

The President nominates judges; the Senate confirms them. These are co-equal roles. Indeed, the Constitution requires the Senate to be a check on the President's power to nominate. Federal judges serve for a lifetime. It is the Senate’s responsibility to carefully scrutinize the records and positions of all the nominees to ensure that the nation's court system maintains a balance.