an After abortion

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Friday, June 20, 2003

Allan Parker, the lead attorney representing Norma McCorvey in her Rule 60 motion to overturn Roe, makes some worthwhile points in this Art Moore story posted at WorldNetDaily.

Relative to the quick dismissal of McCorvey's Rule 60 motion, "Parker contends [Judge} Godbey misunderstood the motion, arguing the case is about changes in the relevant factual conditions, not a submission of new evidence. One of the most relevant changes in law, he says, is the 1999 "Baby Moses" statute which allows a mother to hand over her child to the care of the state, meaning she no longer is forced to disposed of "unwanted" children by ending a human life. Texas is among 40 states with such legislation, which didn't exist in 1973, Parker notes.

Among McCorvey's 5,437 pages of evidence are affidavits from more than 1,000 women who testify having an abortion has had devastating emotional, physical and psychological effects. "It's a shame that the courts are unwilling to listen to women's testimonies about what abortion does to women," he said.

Parker also contended Judge Godbey made an error in his determination of what is a reasonable time within which to reopen a case. Godbey said court opinions are measured in terms of weeks or months, not in decades. But Parker points to the 1997 Agostini v. Felton decision in which the high court used a post-judgment motion by a party to overturn two 12-year-old precedents."

You might also like to look at the Reuters coverage of Judge Godbey's dismissal, where Parker is quoted as saying:

"We were surprised by the quickness of the decision, but we have always known that the case will ultimately go to the U.S. Supreme Court."

It is a bit lame to speak, as Sarah Weddington does in these pieces, as if it would utterly flummox Allan Parker if the case was dismissed at this level. The point of the filing was to get it into the judicial system and hence ultimately to the U.S. Supreme Court.

See also CNN's coverage.

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