Federal appeals court to hear request to reopen Roe v. Wade

SFGate.com ^ | 2/19/2004 | LISA FALKENBERG

[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.

[Ronzo]

While attention is focused on gay marriages, legal action is threatening Roe v. Wade...

[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!

[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?

[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?

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

[Kerberos]

"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.

[nina0113]

Liberals aren't the only ones who can judge-shop.

[Kerberos]

"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.

[kcvl]

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.

[kcvl]

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.

[MrB]

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.

[kcvl]

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

[Blood of Tyrants]

Apparently this is the same attempt taken up to the appellate level because the first judge refused to hear it.

[davidosborne]

BTTT !

[Polybius]

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.

[Coleus]

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/

[NYer]

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

[NYer]

Pro-life ping!

[Alamo-Girl]

Thanks for the ping!

[hocndoc]

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