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Roe Vs Wade Summary

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					                           ROE V. WADE
                         LEGAL SUMMARY

Legal Timeline:
  •   January 22, 1973 — The Supreme Court of the United States decides Roe v.
      Wade, rules in favor of “Jane Roe,” and legalizes abortion in America.
  •   January 17, 2003 — The Justice Foundation files a Rule 60 Motion with the
      United States District Court for the Northern District of Texas on behalf of Norma
      McCorvey, the “Jane Roe” of Roe v. Wade. The Motion was denied in two days
      and a Motion for Reconsideration was also denied in two days.
  •   October 9, 2003 — An appeal was filed with the United States Court of
      Appeals for the Fifth Circuit. On September 14, 2004, the panel of Judges Jones,
      Wiener, and Prado dismissed the appeal, however, Judge Jones wrote a strong and
      important concurring opinion expressing her “fervent[ly] hope” that the Supreme
      Court would acknowledge the developments since 1973 and re-evaluate Roe
      accordingly. On October 18, 2004, the court denied the petition for rehearing en
      banc without opinion.
  •   January 18, 2004 — Petition for a Writ of Certiorari was filed with the
      Supreme Court of the United States.


Rule 60 Motion:
  •   Rule 60 of the Federal Rules of Civil Procedure states in relevant part:

      Rule 60. Relief from Judgment or Order.
      (b)…On motion and upon such terms as are just, the court may relieve a
      party…from a final judgment,…for the following reasons:…(5)…it is no longer
      equitable that the judgment should have prospective application; or (6) any other
      reason justifying relief from the operation of the judgment.

  •   Since the original judgment in Roe v. Wade, there have been significant changes
      in the factual conditions surrounding abortion which demonstrate that abortion
      hurts women. This includes the sworn testimony of women harmed by abortion; a
      plethora of medical articles and studies documenting abortion injuries; an
      explosion of medical and scientific knowledge concerning the effects of abortion
      on women, and the fact that abortion clinics usually do not provide a normal
      doctor-patient relationship. In addition, there have been significant changes in the
      legal conditions including changes in the law of forty-six states that transfer the
      burden of unwanted child care from women to society and federalism
      jurisprudence restoring more autonomy to the states.

  •   McCorvey made three major legal arguments: (1)When an important area of
      social responsibility is constitutionalized, affecting the health of millions of
      women and effectively withdrawing it from the legislative arena and lower courts,
      the Supreme Court has a special duty to monitor substantially changed conditions
      to ensure justice and protect women’s health; (2) The factual and legal conditions
      underlying Roe have materially and substantially changed since 1973, and thereby
      render prospective application of Roe unjust; and, (3) The lower courts erred in
      denying McCorvey due process and abused their discretion.

  •   Operation Outcry: Silent No More (OOSNM) —— continues to expose the two
      false assumptions surrounding legalized abortion: (1) abortion is good and safe
      for women; and, (2) it is not a baby being aborted. OOSNM proives an avenue
      for women to publicly share the tragic effects that abortion has had on their lives
      and makes a national 24-hour toll-free HELP Line available to help women deal
      with the grief and to offer help and healing.


The next step:
  •   The Supreme Court will decide whether to grant the Writ of Certiorari. Because
      the Court has constitutionalized the right to abortion and essentially removed the
      regulation of abortion practice from the legislative and political process, it is the
      only entity that can truly consider the factual and legal changes concerning
      abortion.

  •   What does a denial of certiorari mean? “Unlike appeals, however, from a
      jurisprudential or precedential perspective, the denial is theoretically without
      meaning. By refusing to take the case, the Supreme Court is not saying that the
      decision below was correct – indeed the justices may well believe that the case
      was incorrectly decided. The justices are saying simply that they will not review
      the case, that the decision below stands, and that they are making no official
      judgment on the correctness of the decision or the issues it raises.” H.W. Perry,
      Jr. DECIDING TO DECIDE 37 (1991).

				
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