Justice Breyer is one of the three strongest supporters of reproductive freedom on the court today. If Breyer retires and is replaced by an anti-choice justice, or even a so-called "swing" justice, the court will shift dramatically in its support for reproductive choice.
Although five other justices are currently on record as supporting the "essential holding" of Roe v. Wade, the nature of that support is tenuous. The U.S. Supreme Court decided the two most significant recent cases concerning the fundamental right to choose by a one-vote margin.