Those three, Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett, joined with Justices Clarence Thomas and Samuel A. Alito Jr. in declining to block the Texas law widely denounced as violating Supreme Court precedent, putting the court on the precipice of overriding Roe v. Wade.
While the ruling was a win for conservatives, it posed political risks for Republicans and could stir a backlash that energizes Democrats and female voters before the 2022 midterm elections, which will be held after an anticipated court ruling on a second restrictive abortion law in Mississippi.
President Biden assailed the decision as “an unprecedented assault on a woman’s constitutional rights” and promised to initiate a governmentwide review to find ways to maintain access to abortions.
Democratic lawmakers called for Congress to enact legislation codifying guarantees to abortion access. Speaker Nancy Pelosi, labeling the ruling the act of a “radically partisan court,” said the House would vote on such a plan when it returns this month, even though Republicans would almost surely filibuster such a measure in the Senate.
The decision led to renewed calls to expand the Supreme Court to offset the conservative majority that Democrats and progressives say was wrongly installed when Mr. McConnell refused to allow President Barack Obama fill the seat of Antonin Scalia after he died in 2016. The Republican leader then raced to seat Justice Barrett just days before Mr. Biden was elected last year. Mr. Biden has created a commission to study ways to overhaul the court, but has not endorsed a change.
Leaders of the movement say that they still have a ways to go in building the necessary momentum to add seats to the court, but that the abortion decision will aid their efforts as Americans see conservatives and the court realizing their goal of greatly limiting access to abortion.
“This is what they advertised they were going to do, and now they are doing it,” Brian Fallon, the executive director of the progressive group Demand Justice, said about the court. “Now the only question is what are Democrats going to do about it?”