The U.S. Supreme Court currently has a 5-4 conservative majority on many politically and socially controversial issues, and the court may only be one additional conservative vote away from approving significant limitations on abortion rights. As a result, a number of liberal commentators have begun to clamor for Justice Ruth Bader Ginsburg to retire from the court at the end of this term, before midterm elections to the U.S. Senate occur this fall, when the number of Senate seats held by Democrats may decrease.

If Republicans gain additional Senate seats come next year, President Obama may no longer have the same ability that he now has to obtain the confirmation of an especially liberal nominee to replace Ginsburg. Yet, regardless of what happens in the midterm elections, Obama will remain in office through early 2017. He has already achieved success in obtaining the confirmation of his first two nominees to the high court, Sonia Sotomayor and Elena Kagan. Both of these new justices, as expected, have begun to compile liberal voting records on the court.