Supreme Court off balance.

With the recent confirmation of Judge Samuel Alito to the United States Supreme Court, the balance of the Supreme Court now leans to the conservative right. This raises serious concerns for the future of sexual and reproductive health and rights, including access to comprehensive information and education about sexuality and a broad range of family planning services that includes safe, legal abortion.

In October 2005, SIECUS publicly proclaimed its objections to Samuel Alito and called on the United States Senate to reject his nomination. SIECUS President, Joseph DiNorcia, Jr. stated that "Samuel Alito's record, in particular his record on abortion rights, is far outside mainstream American values. Rather than nominate a consensus candidate to replace Justice Sandra Day O'Connor and maintain the critical balance of the Court, President Bush has chosen a nominee who will further divide the nation."

As a judge on the U.S. Court of Appeals for the Third Circuit, Alito voted with the majority in Planned Parenthood of Southeastern Pennsylvania vs. Casey upholding most provisions of the 1989 Pennsylvania Abortion Control Act. Alito also voted with the majority in upholding provisions of the Pennsylvania law that required:

* a woman to wait 24 hours before consenting to and receiving an abortion;

* a woman be given state-mandated information about abortion and fetal development;

* a minor receive consent of a parent before obtaining an abortion; and

* physicians and clinics that perform abortions provide information to the state including the names of physicians.

In fact, Alito was the only judge choosing to write a separate opinion in which he also supported the spousal notification provision, a requirement that women notify their husbands prior to obtaining an abortion, which was rejected by his colleagues. The U.S. Supreme Court agreed with the majority and upheld all provisions in the Pennsylvania Law with the exception of spousal notification.

Given Alito's record, SIECUS has been working closely with its colleagues to prepare ourselves as best as possible for the challenges that will surely ensue in the coming years.