Roe Vs. Wade Part 2 : McCorvey’s Revenge
Monday, February 23rd, 2004Have you heard about this shit?
For the first time in more than 31 years, an original litigant in Roe v. Wade will be before a federal appeals court asking it to reconsider the most controversial U.S. Supreme Court decision in modern history.On March 2, the 5th U.S. Circuit Court of Appeals will hear arguments in McCorvey v. Hill, a case that pits the original plaintiff in Roe v. Wade against the Dallas district attorney over the right to obtain a legal abortion.
Since the 1973 opinion, Norma McCorvey — the plaintiff better known as Jane Roe — has changed her views on abortion. Last year, she filed a motion in U.S. District Court in Dallas requesting that Roe v. Wade, the landmark case legalizing abortion, be reversed.
Bill Hill is the elected successor to the late Dallas County District Attorney Henry Wade, who was the chief law enforcement officer in 1973 charged with enforcing a Texas law that made abortions illegal in the state and prevented McCorvey, a Dallas resident, from obtaining an abortion.
Hill did not file any documents with the 5th Circuit in response to McCorvey’s appeal, leaving the court in the unusual position of hearing an argument in a highly controversial case from the point of view of only one party.
“It’s an amazing and unusual case,” says Allen E. Parker Jr., an attorney and president of the San Antonio-based Justice Foundation who represents McCorvey.
. . .
Yet Parker says his client is advocating that the 5th Circuit overturn Roe v. Wade based on evidence that didn’t exist at the time the Supreme Court issued its opinion.“We now have 30 years of evidence that abortion is psychologically damaging to women to a severe degree, where in 1973 abortion was rare and illegal in most places,” Parker says.
. . .
Sarah Weddington, who represented McCorvey and a class of women seeking legal abortions in Texas in 1973, says she’s surprised that the 5th Circuit agreed to hear oral argument in the case all these years later.“As the winning attorney in Roe v. Wade it is shocking to see an attempt to retry that case 31 years later, especially when there is no standing and no justiciable issue,” says Weddington, who no longer practices law, but still speaks around the country about the case.
Notes Weddington, “This one is destined to become a test question on various law school exams because it’s so unusual and, some might say, weird.”
This case is retarded for a variety of reasons :
I’m trying to be optimistic here, so this development is just a baby step. All that it means is that sombody on the federal bench agreed to hear her present her case for why the trial should be reopened. It doesn’t mean that the case will definitely be reopened (Which would be the first of many steps along the way towards reversing the decision). While I expect her to get laughed out of court, it’s still a little troubling that she’s gotten this far.



