Some politicians do not want abortion to be legal, so they push creative and insidious bills aimed at making abortion harder to get. A recent attempt introduced by conservative Colorado legislators was modeled on a Texas law that requires doctors who provide abortion care to have “admitting privileges” at a nearby hospital, among other things. A Colorado bill would have imposed a similar requirement under the guise of protecting women’s health. No hospital can deny medical care to patients in need, regardless of whether their doctors have admitting privileges. Bills like this one are not about patient safety or quality of care. They are about shutting down clinics.

Abortion providers have challenged the Texas law – which could close most of the clinics in the state – in a lawsuit currently at the short-staffed U.S. Supreme Court. A decision is expected on June 27. With only eight justices, the court has issued several 4-4 tied decisions in recent months. In a recent case, the court essentially declined to make a decision about balancing the religious rights of employers with female employees’ religious rights when it comes to contraception. The court issued a bizarre order in Zubik v. Burwell that does not resolve any of the legal issues and essentially asks the government and the employers to reach a compromise. Days later, Justice Ruth Bader Ginsburg commented that “eight is not a good number” for the court. We have to agree.

Whole Woman’s Health v. Hellerstedt, the case challenging the Texas clinic law, is about ensuring that a woman’s ability to end a pregnancy is a right in reality and not just in theory. This is a pivotal question for anyone who might need to seek an abortion, but especially for low-income women and women of color who already face disparities in access to health care and who are disparately affected by restrictions that aim to push abortion out of reach.

The stakes are high and the need to have nine Supreme Court justices to is clear, but conservative senators are still refusing to even consider President Barack Obama’s nominee for the empty seat, Judge Merrick Garland. U.S. Sen. Cory Gardner refuses to even meet with Judge Garland and maintains that the clearly qualified judge should not receive a hearing.

The American Medical Association and other public health organizations oppose bills that impose medically unnecessary requirements and have stated that they can actually jeopardize women’s health. By raising the cost of care, these laws restrict the constitutional right to receive an abortion to only a wealthy few. As we look to Texas, we can’t help but consider the thousands of Latinas in the Rio Grande Valley who struggle to access high quality health care, who have lost access to most of the local family planning facilities and who now face the very real possibility of having no available abortion care.

Some conservative Colorado legislators would prefer the same outcome – shuttered clinics – in this state. The Supreme Court’s decision could determine how far legislators can go in chipping away at Roe v. Wade, but only if the justices can avoid a 4-4 tie in the case.

Despite the clear need for nine justices, Gardner argues the next president should appoint a justice to the empty seat. He is ignoring the will of voters who elected President Obama – twice – to fill vacancies on the Supreme Court, and he is ignoring the Senate’s constitutional responsibility to offer “advice and consent” on judicial nominees. In blocking an up-or-down vote on Judge Garland, Gardner is on the wrong side of history and the wrong side of public opinion. Citizens in Colorado and across America want the Senate to do its job by holding a hearing and vote on Judge Garland. In a recent poll, nearly 70 percent of respondents said they want the Senate to consider the president’s nominee, and a majority of unmarried women said that Judge Garland should be confirmed.

In refusing to act, the Senate is playing a dangerous political game on the backs of many, including women right here in Colorado. The Senate should focus on filling the Supreme Court vacancy to ensure that the court is able to make decisive rulings on critical issues. Thousands of Colorado women depend on women’s health clinics for healthcare. We need a fully functioning Supreme Court to decide whether states can use phony justifications to impose unnecessary rules on clinics that provide abortion. The Senate must do its job so that the Supreme Court justices can do theirs.

Cristina Aguilar is executive director of the Colorado Organization for Latina Opportunity and Reproductive Rights.