Supreme Court to Hear Parental Notification Case.

When the Supreme Court, under its new Chief Justice John Roberts, hears Ayotte v. Planned Parenthood of Northern New England, the justices will not only be hearing their first abortion case in five years but also will find themselves in the unusual position of having a member on the bench who has already announced her retirement.

To the surprise of almost everyone, Associate Justice Sandra Day O'Connor, a tried and true supporter of abortion, announced on July 31 that she was stepping down after 24 years on the High Court.

President Bush first selected John Roberts to replace O'Connor, but when Chief Justice William Rehnquist died, Mr. Bush nominated Roberts to take Rehnquist's place. The Senate subsequently confirmed Roberts as the nation's 17th Chief Justice by a vote of 7822.

Harriet Miers, the president's next choice to replace O'Connor, stepped down October 27, citing the requests from senators for documents from her service in the White House. "I have steadfastly maintained that the independence of the Executive Branch be preserved and its confidential documents and information not be released to further a confirmation process."

Four days later President Bush nominated U.S. Appeals Court Judge Samuel Alito, Jr. However, if confirmed, Judge Alito would not assume his position until late 2005 or early 2006.

Whether Justice O'Connor's vote factors in on any case depends on timing. Her vote counts only if the decision is publicly disclosed while she is on the Court. Under Court rules, if she departs before the decision in the case is announcedand her absence leaves the vote at 4-4the justices have the option of rehearing oral arguments.

O'Connor has already heard arguments in Gonzales v. Oregon. This case asks the justices to decide whether legalized assisted suicide in Oregon must be facilitated by allowing federally controlled drugs to be used to kill people if such killing is not prohibited by state law.