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Wednesday, February 23, 2005

Roe vs. Wade left unchallenged for now

The Supreme Court refused to hear a challenge to Roe vs. Wade today.

Without comment, justices declined to hear the appeal from Norma McCorvey and thus dodged a highly charged political debate for now. McCorvey's protest of Texas' abortion ban led to the Roe v. Wade ruling establishing a constitutional right to abortion.

McCorvey, who says she now regrets her role in the decision, argued in court filings that the case should be heard again in light of evidence that abortion harms women.

The high court's move Tuesday wasn't surprising. A decision to reopen a case based on so-called "changed circumstances" is rare, and two lower courts had already refused to reconsider the ruling.

I'm not surprised that they don't want to waste their time. If they had to hear this, they would probably end up holding up Roe vs. Wade anyway, so what's the point? The time to worry is if Bush gets some anti-choice people into the Supreme Court.

Norma McCorvey is an interesting character. She's the original "Jane Roe" and is now a pro-lifer who wants abortion rights revoked because she's had a religious conversion. Like many on the Christian right, she has missed out understanding that the laws just can't be tailored to her benefit. Granted, she felt that way when she was trying to obtain an abortion and couldn't. The one factor in her life is the belief that the law and the rights of others should be tailored to her current needs.

Supreme Court decisions are about a lot more than the person who brought forth the initial lawsuit, but are hand-picked to settle sticking Constitutional issues. McCorvey's current feelings are irrelevant--if it's a right, it's a right, whether the real Jane Roe wishes to avail herself of that right or not.

232 Comments:

Blogger Fred Vincy said...

In fairness to the McCorvey of 1973, she was no longer pregnant at the time of the Supreme Court case, having commenced the case in 1970. So back then she was continuing the fight for the principle, not just herself.

The current case, however, is completely frivolous as a legal matter and, if I were the judge, I would probably sanction her and her lawyer. (That said, it may be useful to the right as propoganda.)

2/23/2005

 
Blogger Roxanne said...

I don't believe the powers that be want to overturn R v. Wade. Sure, they talk as if they do because they like the Christian Right's money.

2/23/2005

 
Blogger Jo said...

Also in fairness to McCorvey, her "conversion" might be termed "sellout". She got fired from a couple of clinics in Dallas for absenteeism and smoking on the job, then got money (just before she got born again) from leaders of the Anti-Choice movement in Dallas, including Flip Benham.

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No feckin' way was the Court going to hear this. She's got no standing to challenge the decision.

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