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Federal appeals court to hear request to reopen Roe v. Wade
SFGate.com ^ | 2/19/2004 | LISA FALKENBERG

Posted on 02/20/2004 1:08:20 AM PST by Ronzo

A federal appeals court has agreed to hear a request from the woman formerly known as "Jane Roe" to reconsider the 1973 U.S. Supreme Court decision Roe v. Wade that legalized abortion.

Norma McCorvey, who joined with anti-abortion activists nearly 10 years ago, is seeking to have the decision overturned, citing what she says is more than 30 years of evidence that abortions are psychologically harmful to women.

(Excerpt) Read more at sfgate.com ...


TOPICS: Breaking News; News/Current Events
KEYWORDS: abortion; antiabortion; janeroe; mccorvey; norma; prolife; roevwade

1 posted on 02/20/2004 1:08:21 AM PST by Ronzo
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To: Coleus
While attention is focused on gay marriages, legal action is threatening Roe v. Wade...
2 posted on 02/20/2004 1:09:55 AM PST by Ronzo (Check out my web site: www.theodicy.org)
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To: Ronzo
Amazing they're even hearing the case... the NOW NAGs and Planned Parenthood pro-choice zealots are having the fax machines humming in overdrive!
3 posted on 02/20/2004 1:11:00 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Ronzo
Do you suppose we might get a little clarification of Wm. O. Douglas' principle of "penumbras and emanations" as a valid method of Constitutional interpretation?
4 posted on 02/20/2004 1:16:44 AM PST by nightdriver
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To: nightdriver
Do you suppose we might get a little clarification of Wm. O. Douglas' principle of "penumbras and emanations" as a valid method of Constitutional interpretation?

It will happen the after I get my new pet flying pig....

5 posted on 02/20/2004 1:19:44 AM PST by Ronzo (Check out my web site: www.theodicy.org)
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To: goldstategop
"Amazing they're even hearing the case... the NOW NAGs and Planned Parenthood pro-choice zealots are having the fax machines humming in overdrive!"

If you read the article it says that Norma aka Jane, is trying to have the case reopened to get it overturned. I thought she had already tried that a couple of months ago.

6 posted on 02/20/2004 4:26:35 AM PST by Kerberos
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To: Kerberos
Liberals aren't the only ones who can judge-shop.
7 posted on 02/20/2004 5:28:16 AM PST by nina0113
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To: nina0113
"Liberals aren't the only ones who can judge-shop"

That's true, I'm just trying to determine if this is another attempt, or if this is just a rehash of the previous attempt being presented as new news.
8 posted on 02/20/2004 5:31:52 AM PST by Kerberos
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To: Kerberos
National and Washington news in brief


Court to hear request to reopen Roe vs. Wade

A federal appeals court in New Orleans will hear arguments next month on whether to grant a request to reconsider the landmark Roe vs. Wade Supreme Court decision that legalized abortion.

The appeal came after U.S. District Judge David Godbey in June rejected an attempt by Norma McCorvey, ``Jane Roe'' in the 1973 decision, to have her case re-examined.

McCorvey, 56, now opposes abortion and argues that new evidence shows that the procedure is harmful to women.

After it hears arguments March 2, the 5th U.S. Circuit Court of Appeals could ask Godbey to consider rehearing the case.

9 posted on 02/20/2004 5:35:45 AM PST by kcvl (w)
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To: Ronzo
02/20/2004 09:17 AM ID: 37186

1973 Landmark US Abortion Case Appeal To Be Heard
The Fifth U.S. Circuit Court of Appeals has agreed to listen to the request from "Jane Roe" to reconsider the landmark 1973 Roe versus Wade case which saw abortions become legal.

"Jane Roe", real name Norma McCorvey, is claiming that 30 years of evidence has now accumulated which proves abortions are psychologically harmful to women.

The 1973 Roe versus Wade case decision came after "Roe" gave birth to a third child released for adoption. McCorvey wants the 1973 ruling overturned.
10 posted on 02/20/2004 5:37:25 AM PST by kcvl (w)
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To: kcvl
the landmark Roe vs. Wade Supreme Court decision that legalized abortion.

This is not true. Correctly stated, the RvW decision unConstitutionally removed the power from the states to determine the laws they could make regarding the restriction of abortion.

11 posted on 02/20/2004 5:39:18 AM PST by MrB
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To: Kerberos
Federal court to revisit Roe v. Wade case


DALLAS (AP) — A federal appeals court has agreed to reconsider the 1973 case that made abortion a constitutional right under a request from Norma McCorvey, the woman at the heart of the original case three decades ago.

Mrs. McCorvey, who joined with pro-life activists nearly 10 years ago, is seeking to have the Roe v. Wade decision overturned and is citing more than 30 years of evidence that abortions are psychologically harmful to women.

She filed the original Texas case, which struck down all existing state abortion laws, under the generic moniker "Jane Roe."

A federal district judge threw out her initial request in June, saying it was not made within a reasonable time. But the New Orleans-based 5th U.S. Circuit Court of Appeals has agreed to hear Mrs. McCorvey's arguments on March 2.

"It's something that I've wanted ever since Day One, and it's happening," she said from her Dallas home.

Dallas County District Attorney Bill Hill, whose predecessor Henry Wade was named in the original lawsuit, has not filed a response to Mrs. McCorvey's appeal. That might put the appeals court in the unusual position of hearing arguments from only one side.

Mr. Wade was named in the original case because he was charged with enforcing the Texas law that prevented Mrs. McCorvey from having an abortion. Mr. Hill's office has argued that because that law no longer exists, Mr. Hill has no authority to prosecute and should not be sued.

More than 20 Texas law-school professors, concerned about an unbalanced hearing, filed a brief on Wednesday asking to be allowed to argue the other side of the case.

"It's important that the court hear from somebody representing the position that the district court took, which I think is clearly right," said David Schenck, a lawyer representing the professors. "At this point, the case is moot, and she's presenting at best a political question."

The Supreme Court decision came after Mrs. McCorvey had her baby. The baby was the third child whom Mrs. McCorvey put up for adoption; she was a 21-year-old carnival worker at the time.

She publicly identified herself as "Jane Roe" in 1980.

http://washingtontimes.com/national/20040219-110953-4714r.htm
12 posted on 02/20/2004 5:41:53 AM PST by kcvl (w)
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To: Kerberos
Apparently this is the same attempt taken up to the appellate level because the first judge refused to hear it.
13 posted on 02/20/2004 5:54:11 AM PST by Blood of Tyrants (Even if the government took all your earnings, you wouldn’t be, in its eyes, a slave.)
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To: Ronzo
BTTT !
14 posted on 02/20/2004 7:15:49 AM PST by davidosborne (www.davidosborne.net)
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To: nightdriver
Do you suppose we might get a little clarification of Wm. O. Douglas' principle of "penumbras and emanations" as a valid method of Constitutional interpretation?

The Founding Father's would be shocked that Roe v. Wade must be challanged on the Politically Correct pretext that abortions "are psychologically harmful to women" instead of on the real issue of whether Constitutional validity of Judges looking for "penumbras" as if they were ancient pagan diviners examining animal entrails for the basis of their pronouncements.

It was not the intention of the Founding Fathers to create a Nanny State to protect us "psychologically" and it was not their intention to have Judges legislating as if they were divine emperors.

15 posted on 02/20/2004 7:34:58 AM PST by Polybius
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To: Ronzo; 2ndMostConservativeBrdMember; afraidfortherepublic; Alas; al_c; american colleen; annalex; ..
Well, let's hope they decide on choosing life.

Congress has the authority to influence the courts by using their powers granted in Article III section 2 of the US Constitution.

http://priestsforlife.org/testimony/normamaster.htm

http://priestsforlife.org/clippings/99-07-99mccorveyriograndecatholic.htm

http://priestsforlife.org/clippings/95,08-24mccorveymoves.html

http://priestsforlife.org/testimony/normahomily.htm

http://priestsforlife.org/columns/conversionofnorma.html

http://www.cnn.com/2003/LAW/01/21/mccorvey.interview/
16 posted on 02/20/2004 7:51:05 AM PST by Coleus (Help Tyler Schicke http://tylerfund.org/ Burkitt's leukemia)
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To: Ronzo; american colleen; sinkspur; Lady In Blue; Salvation; CAtholic Family Association; narses; ...
Norma McCorvey, who joined with anti-abortion activists nearly 10 years ago, is seeking to have the decision overturned

Blessings to you in 2004! I pray you and your family had a very joyous and blessed Christmas. Thank you very much for your thoughtful words and prayers these past few months as I begin this new challenge in our fight to tell the world the truth about Roe v. Wade and abortion on demand. Good news has come our way with regard to my recent filing against Roe v. Wade; for more information click here

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


17 posted on 02/20/2004 8:42:46 AM PST by NYer (Ad Jesum per Mariam)
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To: cpforlife.org; Mr. Silverback
Pro-life ping!
18 posted on 02/20/2004 8:44:19 AM PST by NYer (Ad Jesum per Mariam)
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To: Coleus
Thanks for the ping!
19 posted on 02/20/2004 8:50:44 AM PST by Alamo-Girl
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To: Coleus; cpforlife.org; MHGinTN; Mr. Silverback; Blood of Tyrants; davidosborne; Polybius; NYer; ...
For a perfect picture - until they change it, go the the Houston Chronical report. The side bar also has an article on the birth of a 12 ounce baby girl.

There, within 2 square inches is the picture of our disorganized law concerning human rights.

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2411686

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2411790

from the side bar,

Current stories in Local & State:

* At 12 ounces, Tomball baby one of tiniest ever
* Craddick finance records sought
* 'Jane Roe' takes abortion case back to court
20 posted on 02/20/2004 9:12:10 AM PST by hocndoc (Choice is the # 1 killer in the US)
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To: Ronzo
Here's a thread I started on the baby in Tomball and the Houston Chronicle article on the 5th Circuit hearing. http://www.freerepublic.com/focus/f-news/1082093/posts
21 posted on 02/20/2004 9:32:46 AM PST by hocndoc (Choice is the # 1 killer in the US)
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To: MHGinTN; Coleus; nickcarraway; Mr. Silverback; Canticle_of_Deborah; TenthAmendmentChampion; ...
Federal appeals court to hear request to reopen Roe v. Wade

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

P.S. Have you heard about National Christian Voter Registration Sundays ?

22 posted on 02/20/2004 9:54:54 AM PST by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: Ronzo
What a waste of time. Why don't conservative mayors around the country just simply outlaw abortion? Isn't that how we do things now in America?
23 posted on 02/20/2004 10:08:06 AM PST by Tricorn
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To: Ronzo
Thanks for the post ? Why the excerpt? I didn't see it on THIS list.

Anyway, here is the unexcerpted report from The Dallas Morning News so folks can actually read about the story here on FR without having to go off site.


Roe vs. Wade hearing set in March

Appeals court to rule on Dallas woman's request to revisit abortion case

08:57 PM CST on Thursday, February 19, 2004

By MATT STILES / The Dallas Morning News

A federal appeals court in New Orleans will hear arguments next month on whether to grant a Dallas woman's request to have the landmark Roe vs. Wade Supreme Court decision that legalized abortion reconsidered.

The appeal came after U.S. District Judge David Godbey in June rejected an attempt by Norma McCorvey, "Jane Roe" in the 1973 decision, to have her case re-examined.

Ms. McCorvey, 56, now opposes abortion and argues that new evidence shows that the procedure is harmful to women. But the judge ruled that three decades later was too long for a plaintiff to wait before asking for relief from the original judgment – a decision applauded by some legal experts.

After it hears arguments March 2, the 5th U.S. Circuit Court of Appeals could ask Judge Godbey to consider rehearing the case.

"There's always time for justice to be re-examined by the courts," said Ms. McCorvey's attorney, Allen Parker of San Antonio. Mr. Parker heads the Texas Justice Foundation, an anti-abortion legal group.

Dallas County District Attorney Bill Hill now presides over the office once held by Henry Wade, who defended the old Texas statute outlawing abortion.

Mr. Hill has not responded to Ms. McCorvey's appeal, even though his name is on the docket, because he has decided that, unlike Mr. Wade in the 1970s, his office has no criminal statute to defend because abortion is legal.

"He's not the proper legal party," said Dolena Westergard, a Dallas County assistant district attorney. "It's a strange legal event that he's even named as a party."

On Wednesday, a group of 20 Texas law professors asked the New Orleans appeals court for the chance to argue that Judge Godbey's decision was the correct one. They are likely to hear a reply next week, said David Schenck, a partner at the Hughes & Luce law firm in Dallas who represents the professors.

Mr. Schenck, who once was a law clerk for a 5th Circuit judge, said his group's decision to oppose Ms. McCorvey's effort is based on a concern over judicial process – not over political or moral beliefs regarding abortion.

He said it simply would be improper to start the case over.

"The case to me and the professor is not al all about the merits of this issue. Reasonable people on both sides have different opinions on it," he said. "The issue now, in this case, is whether a litigant who decides that they disagree with the Supreme Court can reverse the decision."

From her Dallas home Thursday, Ms. McCorvey said she is pleased the court will hear her appeal.

Her attorney in the original case 30 years ago, Sarah Weddington, said Thursday that she feels there's no reason to reopen the case. She said the Supreme Court has passed on several opportunities since the 1973 case to reverse itself.

"It's such a mystery that the 5th Circuit would agree to hear it," she said. "This is so out of character. Who knows what they will do?"

E-mail mstiles@dallasnews.com


Online at: http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/022004dnmetroevshill.58b3e.html

24 posted on 02/20/2004 11:50:11 AM PST by MeekOneGOP (The Democrats believe in CHOICE. I have chosen to vote STRAIGHT TICKET GOP for years !!)
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To: Ronzo
Whoops ! I forgot to attach the link.

S/B:

I didn't see it [SFGate] on THIS list.


25 posted on 02/20/2004 11:54:25 AM PST by MeekOneGOP (The Democrats believe in CHOICE. I have chosen to vote STRAIGHT TICKET GOP for years !!)
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To: Ronzo
This could be one hell of an election if the 5th Circuit Court Agrees to hear this case.

We could have Gay Marraiges (Fed Marraige Amendment), Roe V Wade, and Constitutional Restoration Act (Religious displays) as the three BIGGEST issues in this election.

This November could be shaping up as the election where America either flushes itself all the way down the drain or stands up and says NO MORE!

26 posted on 02/20/2004 12:00:19 PM PST by commish (Freedom Tastes Sweetest to Those Who Have Fought to Preserve It)
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To: hocndoc
Thanks for the ping and links there.

27 posted on 02/20/2004 12:09:21 PM PST by MeekOneGOP (The Democrats believe in CHOICE. I have chosen to vote STRAIGHT TICKET GOP for years !!)
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To: Ronzo
Good luck to Norma!
28 posted on 02/20/2004 12:16:03 PM PST by Canticle_of_Deborah ("We already have a beacon of moral clarity; the Living Magisterium."--Catholicguy 2/19/04)
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To: MeekOneGOP
Thanks for the post ? Why the excerpt? I didn't see it on THIS list.

Thanks for posting the WHOLE article. I couldn't remember if the SF Chronicle (owner of SFGate) were on the list or not, so just played it safe...

God bless TEXAS!!!

29 posted on 02/20/2004 12:45:42 PM PST by Ronzo (Check out my web site: www.theodicy.org)
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To: Tricorn
Why don't conservative mayors around the country just simply outlaw abortion? Isn't that how we do things now in America?

LOL!

I came across this article while reading about the Mayor of Frisco suing the state of California to make same-sex marriages legal, after-the-fact...

30 posted on 02/20/2004 12:48:01 PM PST by Ronzo (Check out my web site: www.theodicy.org)
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To: Ronzo
Hey, thanks !

I'm not absolutely certain, but when you go to post an article that's on that MUST EXCERPT list, the FR article posting template may prompt you that it must be an excerpt instead of a full post.

I rarely post from those sources, though, so I'm not sure that's correct.


31 posted on 02/20/2004 2:14:50 PM PST by MeekOneGOP (The Democrats believe in CHOICE. I have chosen to vote STRAIGHT TICKET GOP for years !!)
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To: cpforlife.org
Pro-Life bump.
32 posted on 02/20/2004 4:35:02 PM PST by fatima (Karen ,Ken 4 ID,Jim-Karen is coming home from Iraq March 1st,WooHoo)
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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.

33 posted on 02/21/2004 6:37:41 PM PST by Mr. Silverback (Pre-empt the third murder attempt-- Pray for Terry Schiavo!)
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