Under President George W. Bush Supreme Court Justices Roberts and Alito were added to the bench that already included conservatives Clarence Thomas and Anthony Scalia. A minimum of two Supreme Court justices are expected to step down form the bench during the next term due to poor health and increased age. Many pro-life Americans were hoping that the addition of one more conservative justice would have been the needed vote to overturn Roe v. Wade.  Rev. Jason McGuire, New Yorkers for Constitutional Freedoms indicated that he can’t help, but believe that the election of Barack Obama was a “missed opportunity” for the pro-life movement.  McGuire believes, “Too few people understand that one of the lasting legacies that a President leaves, for good or bad, is his nomination of Supreme Court Justices to the bench and not even every President has that opportunity.”

Additionally, Barack Obama's transition chief John Podesta says the president-elect is likely to use an executive order to lift President Bush's restrictions on federal funding of embryonic stem-cell research.