The 5-4 Split

The Supreme Court is made up of 9 Justices, and a simple majority decides a case. Most recently abortion rights have been upheld by a razor-thin margin of 5-4; other progressive issues have lost in the Court by a 5-4 vote. The addition of just one more anti-choice Justice could overturn Roe v. Wade.

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.