Chief Justice John Roberts and his four more liberal colleagues, including Ginsburg, ruled 5-4 that a law that requires doctors who perform abortions to have admitting privileges at nearby hospitals violates the rights established by Roe v. Wade.
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Were Roberts to side with the three remaining liberals in future abortion cases, that bloc could be potentially outvoted by five conservatives — including the new Trump nominee.
Nancy Northup, president of the Center for Reproductive Rights, noted that most recent abortion cases reaching the Supreme Court were decided by one-vote margins.
“The fact that the court was so close — with Ruth Bader Ginsburg on it — sends shivers down my spine in terms of how critical this next appointment is,” she said.
Michael New, an abortion opponent who teaches social research at Catholic University of America, said a successful Trump nomination could further embolden anti-abortion state legislators.
“Some state-level pro-life laws have been specifically drafted in such a way to obtain the vote of John Roberts,” New said via email.
“If a Trump nominee is confirmed, it is possible that some states may pursue stronger laws that offer greater protection to the unborn. “
Among the favorites of many in the anti-abortion movement is Amy Coney Barrett, a devout Roman Catholic who taught law at the University of Notre Dame before taking a seat three years ago on a federal appeals court.
Trump has said he will nominate a woman and has spoken highly of Barrett.