Last fall, the Court agreed to consider Zubik v Burwell (contraceptive coverage) and Whole Women’s Health v Hellerstedt (abortion clinic restrictions) this spring. But what happens now that there are only eight Justices? The remaining Justices will still hear these cases, as scheduled. They’re doing their job.
But it looks like the Senate leadership may refuse to do its job. In an unprecedented move, Senate Majority Leader Mitch McConnell (R-KY) says that the Senate will refuse to consider any nominee put forward by President Obama—regardless of qualification. Obama declared Tuesday that he fully intends to go forward with a nomination. We applaud the President for fulfilling his duty, and call on him to nominate someone who believes that women’s reproductive rights must be respected, not undermined.
The Court’s power is immense—but so is the power of women to show the Court that comprehensive reproductive health care, including abortion, is critical to our health, our children’s lives, and our economic stability. We’ve been working hard to explain the importance of these cases and to rally our supporters. That work won’t stop in the aftermath of Justice Scalia’s death or the Senate leadership's stalling tactics. In fact, our work is needed even more. We’re going rally outside the Court when it hears these cases, and we won’t stop lifting our voices on behalf of women. I hope you can join us.