Appeals Court Will Hear Pro-Life Case to Overturn Roe Abortion Decision

LifeNews.com ^ | 2-9-04 | Steven Ertelt

[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

[cpforlife.org]

Related web sites:

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

[goldstategop]

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.

[cpforlife.org]

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.

[cpforlife.org]

Related:

http://www.freerepublic.com/focus/f-news/1074175/posts

[cpforlife.org]

PING (v2.0)

Appeals Court Will Hear Pro-Life Case to Overturn Roe Abortion Decision

[cpforlife.org]

Please let me know if you want on or off my Pro-Life Ping List.

[cpforlife.org]

You would think.

[cpforlife.org]

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

[NYer]

Catholic Ping - let me know if you want on/off this list

[Dajjal]

Prayers that it works bump

[.30Carbine]

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

[.30Carbine]

Click here for full bios.

[HowlinglyMind-BendingAbsurdity]

Re: The '73 SCOTUS class photo

Looks like the Ring Wraiths from Lord of the Rings.

[jtminton]

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.

[Vic3O3]

life ping!!!!

[cpforlife.org]

Thanks, I guess.

Hey, "The Passion of Christ" will have been out a full week. Who knows the effect?

[cpforlife.org]

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.

[HowlinglyMind-BendingAbsurdity]

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.

[cpforlife.org]

I hear ya'