What does the Supreme Court have to do with abortion rights?

In 1973, the U.S. Supreme Court determined in Roe v. Wade that the state could not interfere with a woman’s decision to have an abortion during the first three months of pregnancy. Additionally, the court held that the state could regulate abortion during the second three months if the regulation was narrowly tailored to protect the woman’s health and the state can bar abortion in the last three months except when the procedure is necessary to preserve the life and/or health of the woman.

Supreme Court Nomination Process

Once a Supreme Court justice resigns, the President of the United States, with input from senior White House staff and the Department of Justice, submits a name for consideration to the United States Senate.

The Senate has the power to “advise and consent” on judicial nominations, according to the Constitution. Once a name is submitted by the President, it is referred to the Senate Judiciary Committee. The Judiciary Committee is comprised of 18 U.S. Senators and is chaired by Senator Patrick J. Leahy (D-Vermont). For more information and a full list of committee members, click here.

The Judiciary Committee holds a public hearing to determine whether the nominee is fit to serve on the Supreme Court. The Judiciary Committee will then send the nominee to the full Senate either with or without recommendation. A majority vote in the Senate is required to confirm the nominee.

Once confirmed, a Supreme Court justice serves for a lifetime appointment.