an After abortion

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Sunday, February 15, 2004

Norma McCorvey's ROE Abortion Decision Motion to Overturn will be heard finally by Fifth Circuit Court of Appeals

The appeals court hears oral arguments in less than 10% of the cases filed, and Allan Parker [of the Justice Foundation] said their decision is "quite a breakthrough."

The U.S. Supreme Court has reversed its own precedents using Rule 60(b)(5) of the Federal Rules of Civil Procedure (Rule 60), most recently in the 1997 decision of Agostini v. Felton. There, the court overturned a 12 year-old precedent. Parker says the high court has overturned precedents as long as 41 years-old, longer than the length of time since Roe.

(The landmark Brown v. Board of Education (1954) decision overturned a 58-year-old high court precedent.)

McCorvey's attorneys will be the only ones to present oral arguments as the state of Texas and the Dallas district attorney's office chose not to file briefs in response to the appeal. (THAT is extremely telling, I think)

Three things could happen, sometime by early/mid march: Roe v. Wade could be overturned, the appeal to overturn dismissed, or the case could go back to the district court for a complete trial.

We (those of us working in Operation Outcry: Silent No More, whose post-abortion affidavits are part of the over one-thousand in the new testimony in these cases) fully expect that this will end up going all the way to the Supreme Court, but we need to pray for this to prevail, whenever or wherever. Even if you don't pray or believe in prayer. Please don't be offended anyone if I ask that. I asked business colleagues and friends to do the same after 9/11 and no one blinked then. About 2,800 people died that day. We have more than "another 9/11" every single day in this country, as 3,600 women and girls undergo an abortion procedure every day.

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