Senator John Cornyn (R-Texas), a member of the powerful Judiciary Committee who was himself rumored to be a possible Supreme Court nominee, told the Washington Times yesterday that Roe v. Wade, the cornerstone of women’s reproductive rights, will face a direct challenge in the upcoming Supreme Court term. As he told the Washington Times, “…whether Roe v. Wade should be overturned is not only an issue likely to come before the court during Judge Roberts’ tenure, it is already before the court”

On November 30, the Supreme Court will hear arguments in the case of Ayotte v. Planned Parenthood of Northern New England, a lawsuit brought by Planned Parenthood against the state of New Hampshire. With this case, the Court could eliminate the constitutional requirement that no restriction on the right to choose endanger women’s health, a requirement that was upheld by a 5-4 vote just five years ago. Justice Sandra Day O’Connor cast the deciding vote to protect choice and privacy in that case; her replacement will cast the deciding vote this time. Far right leaders are confident that Supreme Court nominee John Roberts would turn back the clock on Roe and vote to eliminate the need for a health exception.

“Americans who value personal freedom should feel a chill from John Cornyn’s statement – the right wing clearly sees replacing moderate Sandra Day O’Conner with activist John Roberts as the first step to overturning Roe, and they’re preparing to move before the end of this year to make that direct challenge," said Nancy Keenan, president of NARAL Pro-Choice America. “This candid comment from a Roberts ally shows that the anti-choice forces know they have the fifth vote to erode a key provision under Roe." A recent CNN/Gallup/USA Today poll indicated that 61% of Americans agree that Senators should insist John Roberts “explain his views on abortion” and should not be allowed to refuse or dodge the question. That poll and other similar surveys show that 65% of Americans support upholding Roe v. Wade.