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Appeals Court Will Hear Pro-Life Case to Overturn Roe Abortion Decision
LifeNews.com ^ | 2-9-04 | Steven Ertelt

Posted on 02/10/2004 12:00:08 AM PST by cpforlife.org

New Orleans, LA (LifeNews.com) -- The U.S. Fifth Circuit Court of Appeals has announced that it will hear oral arguments in Norma McCorvey's attempt to overturn the Roe v. Wade Supreme Court decision that overturned pro-life laws across the country banning abortion.

McCorvey's case is on appeal after a federal judge dismissed it only days after the case was filed. Attorneys for McCorvey, the former Roe, filed a motion appealing the judge's determination that case could not be reopened because too much time had elapsed since the original decision.

"We are excited about this historic opportunity to reverse Roe v. Wade," lead attorney Allan Parker told LifeNews.com.

"The Dallas federal judge denied Norma McCorvey’s motion after only two days without adequately considering the 5,347 pages of affidavits from over one thousand women harmed by abortion and scientific experts," Parker explained.

The appeals court hears oral arguments in less than ten percent of the cases filed, and Parker said their decision is "quite a breakthrough." Parker is the founder of the Justice Foundation, a pro-life law firm that is assisting McCorvey in the case.

"I deeply regret the damage my original case caused women," McCorvey said. "I want the Supreme Court to examine the evidence and have a spirit of justice for women and children."

McCorvey's attorneys will be the only ones to present oral arguments as the state of Texas and the Dallas district attorney's office chose not to file briefs in response to the appeal.

Her lawsuit relies on a Rule 60 motion that original parties to a lawsuit can use to overturn a prior decision, so long as their is new information pertinent to the case.

McCorvey's attorneys submitted thousands of signed affidavits from women who have been hurt abortion as evidence and reason for the court to reconsider the Roe decision.

The U.S. Supreme Court has reversed its own precedents using Rule 60(b)(5) of the Federal Rules of Civil Procedure (Rule 60), most recently in the 1997 decision of Agostini v. Felton. There, the court overturned a 12 year-old precedent. Parker says the high court has overturned precedents as long as 41 years-old, longer than the length of time since Roe.

The appeals court could decide to overturn Roe, dismiss the appeal, or send the case back to the district court for a complete trial. The federal court will also consider whether a single judge should have decided the case of if a three-judge panel should have presided.

Parker said the case will likely proceed to the Supreme Court. However, once there, pro-life advocates worry the Supreme Court's pro-abortion majority will decline to hear it or rule against McCorvey. Planned Parenthood president Gloria Feldt said her group doesn't view the case as a threat to the Roe decision for the same reason.

A decision by the federal appeals court in the McCorvey case is expected in early March.

The Justice Foundation has filed a similar lawsuit on behalf of Sandra Cano, the Doe in the Doe v. Bolton companion case to Roe.

As the companion case to Roe v. Wade, the Doe decision saw the high court define "health" to include "all factors -- physical emotional, psychological, familial, and the woman's age" that may prompt someone who have an abortion. Pro-life groups have since opposed health exceptions in any pro-life legislation because it would essentially all for all abortions to remain legal.

The Roe case is McCorvey v. Hill, No. 03-10711.

Related web sites: Justice Foundation (Operation Outcry) - http://www.operationoutcry.org United States Court of Appeals, 5th Circuit - http://www.ca5.uscourts.gov


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: american; holocaust; mccorvey; mccorveyvhill; roe; wade

1 posted on 02/10/2004 12:00:09 AM PST by cpforlife.org
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Related web sites:

Justice Foundation (Operation Outcry) - http://www.operationoutcry.org
United States Court of Appeals, 5th Circuit - http://www.ca5.uscourts.gov

2 posted on 02/10/2004 12:00:44 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: cpforlife.org
Considering they never consider murderers' appeals wanting for lack of credible evidence, the very least our nation's court should do is give pro-life advocates the same opportunity to present their case as they extend to anti-death penalty activists.
3 posted on 02/10/2004 12:02:21 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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1973 United States Supreme Court

“The greatest evil is not done in those sordid dens of evil that Dickens loved to paint but is conceived and ordered (moved, seconded, carried, and minuted) in clear, carpeted, warmed, well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voices.” C. S. Lewis

Note that the only two who voted against the majority in Roe v Wade (against MURDERING babies) are on the right side of the photo. Rehnquist standing and White seated.

4 posted on 02/10/2004 12:02:53 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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Related:

http://www.freerepublic.com/focus/f-news/1074175/posts
5 posted on 02/10/2004 12:03:41 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: MHGinTN; Coleus; nickcarraway; Mr. Silverback; Canticle_of_Deborah; TenthAmendmentChampion; ...
PING (v2.0)

Appeals Court Will Hear Pro-Life Case to Overturn Roe Abortion Decision
6 posted on 02/10/2004 12:06:12 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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Please let me know if you want on or off my Pro-Life Ping List.

7 posted on 02/10/2004 12:07:45 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: goldstategop
You would think.
8 posted on 02/10/2004 12:09:01 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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Norma McCorvey Appeal to 5th Circuit to Repeal Roe v. Wade
(It's a pdf)

http://www.operationoutcry.org/McCorvey%20Appeals%20to%205th%20Circuit.pdf
9 posted on 02/10/2004 12:11:46 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: cpforlife.org; american colleen; sinkspur; Lady In Blue; Salvation; CAtholic Family Association; ...
Catholic Ping - let me know if you want on/off this list


10 posted on 02/10/2004 1:39:29 AM PST by NYer (Ad Jesum per Mariam)
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To: cpforlife.org
Prayers that it works bump
11 posted on 02/10/2004 1:53:49 AM PST by Dajjal
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To: cpforlife.org
Make-up of the Court:
____________________________________________________________
Chief Judge , Carolyn Dineen King

King, Carolyn Dineen
Born 1938 in Syracuse, NY

Federal Judicial Service:
U. S. Court of Appeals for the Fifth Circuit
Nominated by Jimmy Carter on April 30, 1979, to a new seat created by 92 Stat. 1629; Confirmed by the Senate on July 12, 1979, and received commission on July 13, 1979. Served as chief judge, 1999-present.

Education:
Smith College, B.A., 1959

Yale Law School, LL.B., 1962

Professional Career:
Private practice, Houston, Texas, 1962-1979

Nominated and served until January 1, 1988, under the name Carolyn Dineen Randall.

Race or Ethnicity: White

Gender: Female
____________________________________________________________
Reynaldo G. Garza,
Nominated by Jimmy Carter on April 30, 1979
Thomas M. Reavley,
Nominated by Jimmy Carter on May 17, 1979, to a new seat created by 92 Stat.1629
Will Garwood,
Nominated by Ronald Reagan on September 17, 1981, to a new seat created by 92 Stat. 1629
E. Grady Jolly,
Nominated by Ronald Reagan on July 1, 1982
Patrick E. Higginbotham,
Nominated by Ronald Reagan on July 1, 1982
W. Eugene Davis,
Nominated by Ronald Reagan on November 1, 1983
Edith H. Jones,
Nominated by Ronald Reagan on February 27, 1985
Jerry E. Smith,
Nominated by Ronald Reagan on June 2, 1987, to a new seat created by 98 Stat. 333
John M. Duhé Jr.,
Nominated by Ronald Reagan on June 27, 1988
Jacques L. Wiener, Jr.,
Nominated by George H.W. Bush on November 17, 1989
Rhesa H. Barksdale,
Nominated by George H.W. Bush on November 17, 1989
Emilio M. Garza,
Nominated by George H.W. Bush on April 11, 1991
Harold R. DeMoss, Jr.,
Nominated by George H.W. Bush on June 27, 1991
Fortunato P. Benavides,
Nominated by William J. Clinton on January 27, 1994
Carl E. Stewart,
Nominated by William J. Clinton on January 27, 1994
James L. Dennis,
Nominated by William J. Clinton on January 31, 1995
Edith Brown Clement,
Nominated by George W. Bush on September 4, 2001
Edward Charles Prado,
Nominated by George W. Bush on February 6, 2003
12 posted on 02/10/2004 2:02:11 AM PST by .30Carbine
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To: cpforlife.org
Click here for full bios.
13 posted on 02/10/2004 2:03:39 AM PST by .30Carbine
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To: cpforlife.org
Re: The '73 SCOTUS class photo

Looks like the Ring Wraiths from Lord of the Rings.

14 posted on 02/10/2004 4:00:58 AM PST by HowlinglyMind-BendingAbsurdity
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To: cpforlife.org
It's great that they are going to hear it. Sadly, I'm not going to hold my breath waiting for RoevWade to be overturned. And I'm also sad to say, it definately won't happen during an election year.
15 posted on 02/10/2004 5:56:39 AM PST by jtminton (2Timothy 4:2)
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To: cpforlife.org; dd5339; Mr. Silverback; cavtrooper21
life ping!!!!
16 posted on 02/10/2004 6:34:56 AM PST by Vic3O3 (Jeremiah 31:16-17 (KJV))
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To: .30Carbine
Thanks, I guess.

Hey, "The Passion of Christ" will have been out a full week. Who knows the effect?
17 posted on 02/10/2004 7:24:34 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: HowlinglyMind-BendingAbsurdity
Yes indeed. The blood guilt on the heads of those 7...

" One dark day in January of 1973, SATAN donned judicial robes! Robes flowing, gavel in hand, he swept onto the floor of the United States Supreme Court. He presided over the most atrocious travesty of justice that ever took place, and he declared - we now have the 'right' to murder the most innocent, in what should be the safest place in the universe for them! And since then, tens of millions of babes have been assassinated in their own mothers' wombs! The darkness indeed grows deeper."
Fr. John Corapi S.O.L.T. (From his Easter Triduum Series)

Visit http://cpforlife.org/id51 to hear the audio of above.
18 posted on 02/10/2004 7:37:48 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: cpforlife.org; NYer; Land of the Irish
There were four very decisive moments in the culture of death in the history of the U.S. in the last century.

#1: John Kennedy effectively saying (in 1960)that faith & morals had no significant relation to civic matters.

#2: The removal of school prayer in the early 1960s

#3: Roe vs. Wade legalizing abortion

#4: Bill Clinton being exposed as a rapist and absolutely nothing happened.

Each one of these demonstrated America's slide into post-Christian, post-civilized barbarism and decadence. The sad sorry state of modern American culture.

19 posted on 02/10/2004 7:46:03 AM PST by HowlinglyMind-BendingAbsurdity
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To: jtminton
I hear ya'
20 posted on 02/10/2004 7:49:24 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: HowlinglyMind-BendingAbsurdity; Federalist 78
SCOTUS on divorce, contraception, & "privacy" seem to be the stepping stones to Roe?
21 posted on 02/10/2004 7:57:48 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: 2nd amendment mama; A2J; Agitate; Alouette; Annie03; aposiopetic; attagirl; axel f; Balto_Boy; ...
ProLife Ping!

If anyone wants on or off my ProLife Ping List, please notify me here or by freepmail.

22 posted on 02/10/2004 10:59:43 AM PST by Mr. Silverback (Pre-empt the third murder attempt-- Pray for Terry Schiavo!)
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To: cpforlife.org
Pro life bump.
23 posted on 02/10/2004 6:44:35 PM PST by fatima (Karen ,Ken 4 ID,Jim-Karen is coming home from Iraq March 1st,WooHoo)
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The following is an e-mail from Allan E. Parker, Jr., CEO & Founder of The Justice Foundation.

PRAISE REPORT AFTER 21 DAYS OF PRAYER & FASTING

To those who joined in our call for 21 days of prayer & fasting to Reverse Roe and Doe from January 1st to January 21st - thanks and Praise to the Lord Jesus Christ!

On January 1st, 2004, we issued a call for 21 days of prayer and fasting to overturn Roe and Doe, for revival of justice and righteousness in America, and breakthroughs at the U.S. Supreme Court and the Senate Judiciary Committee. The following groups are known to have participated in the call (others may have enjoined in as well without notifying us): The Justice Foundation and Operation Outcry: Silent No More, Celebrate Grace, Christian Legal Society, Men for Nations, Outpouring Ministries, Alan Sears of the Alliance Defense Fund, Justice at the Gate, and Ark Revival Ministries.

On January 20, 2004, we received official notice from the Court of Appeals for the Fifth Circuit that the Court will hear oral argument on Tuesday, March 2, 2004, on Norma McCorvey's Rule 60 Motion to overturn Roe v. Wade. This is quite a breakthrough! First, only approximately ten percent of the cases filed receive oral argument. Second, Norma McCorvey's attorneys will be the only attorneys arguing in the case. There is no opposition from the State of Texas or the District Attorney and they have chosen not to file a brief.

There are several issues before the Court:

Whether Roe v. Wade should be overturned;

whether to sustain the Motion based on the evidence that was submitted with the Motion;

whether to send the case back to a trial court for a trial;

or,

whether a single judge or a three-judge panel should have heard the case at the trial court level.

Please continue to pray for a spirit of justice for the judges, for God's perfect timing, the demonstration of God's mighty power, and that the covenant with death will be annulled, the agreement with the grave will not stand. See Isaiah 28:14-22.

Allan E. Parker, Jr. CEO & Founder The Justice Foundation

24 posted on 02/11/2004 7:54:49 PM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: All
Sadly if the 5th Circuit rules to overturn Roe v. Wade, the SCOTUS will smack them down as fast as they do the 9th Circus.
25 posted on 02/11/2004 7:57:40 PM PST by COEXERJ145
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To: cpforlife.org
From WorldNetDaily.com:
MATTERS OF LIFE AND DEATH
Court to hear 'Roe's' challenge to '73 ruling
Panel will consider motion to reverse landmark abortion decision

Posted: February 15, 2004
1:00 a.m. Eastern


© 2004 WorldNetDaily.com

In a move hailed as a breakthrough by abortion opponents, a federal appeals court agreed to hear oral arguments in an attempt by the original plaintiff in Roe vs. Wade to overturn the landmark decision.


Norma McCorvey

Norma McCorvey – "Jane Roe" in the 1973 U.S. Supreme Court case – wants to reopen the case that struck down all state laws restricting abortion, based on changes in law and new scientific research that make the prior decision "no longer just."

As WorldNet Daily reported, a district court ruled it was too late for McCorvey to reopen the case.

"Whether or not the Supreme Court was infallible, its Roe decision was certainly final in this litigation," Dallas Judge David Godbey wrote in the ruling. "It is simply too late now, thirty years after the fact, for McCorvey to revisit that judgment."

However, the U.S. Court of Appeals for the Fifth Circuit has agreed to hear oral arguments March 2.

The Dallas-based Justice Foundation, which is assisting McCorvey, is asking organizations and individuals to participate in 21 days of prayer and fasting for the case, beginning this past Thursday.

The group said Sandra Cano, plaintiff in the Doe vs. Bolton companion case, has requested that case be overturned as well.

Allan Parker, CEO of the Justice Foundation, said the court's decision to hear oral arguments is "quite a breakthrough," since only about 10 percent of cases filed receive oral arguments and the state of Texas is not opposing the case.

McCorvey's attorneys will be the only attorneys arguing, since neither the state nor the district attorney have filed briefs in the case.

"There are several issues before the court," Parker said, "whether Roe versus Wade should be overturned; whether to grant the motion based on the evidence that was submitted with the motion; or send the case back to a trial court for a trial; and whether a single judge or a three-judge panel should have heard the case at the trial court level."

Last June, Parker contended Judge Godbey misunderstood the motion, arguing the case is about changes in the relevant factual conditions, not a submission of new evidence.

One of the most relevant changes in law, he says, is the 1999 "Baby Moses" statute which allows a mother to hand over her child to the care of the state, meaning she no longer is forced to dispose of "unwanted" children by ending a human life.

Texas is among 40 states with such legislation, which didn't exist in 1973, Parker notes.

Among McCorvey's 5,437 pages of evidence are affidavits from more than 1,000 women who testify having an abortion has had devastating emotional, physical and psychological effects.

"It's a shame that the courts are unwilling to listen to women's testimonies about what abortion does to women," he said.

Parker also contended Godbey made an error in his determination of what is a reasonable time within which to reopen a case.

Godbey said court opinions are measured in terms of weeks or months, not in decades.

But Parker points to the 1997 Agostini v. Felton decision in which the high court used a post-judgment motion by a party to overturn two 12-year-old precedents.

McCorvey announced in 1995 she had become a Christian and later launched a pro-life ministry called Roe No More. She told WorldNetDaily two years ago she was "used" by abortion-rights attorneys in their quest to legalize the procedure.

One of her attorneys in the 1973 case, Sarah Weddington, expressed delight but not surprise at Godbey's decision last June.

"It never should have been filed," Weddington told the AP at the time. "Those who filed it got publicity but the publicity actually has been very helpful for those of us who believe the government should not be involved."

After announcement of the motion, she received about two dozen offers to help defend the Roe vs. Wade decision.

In his plea issued this week, Parker said, "Please continue to pray that the Lord's will be done, for a spirit of justice for the judges, for God's perfect timing, the demonstration of God's mighty power, and that the covenant with death be annulled, the agreement with the grave will not stand."

Previous stories:

Court says 'too late' to reopen 'Roe'

'Roe' sues to overturn Roe v. Wade decision

26 posted on 02/15/2004 3:28:42 AM PST by ThePythonicCow (Mooo !!!!)
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