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McCorvey v. Roe - Page 2  

post #21 of 27
Jane

thank you for sharing the legalities of attempting to reopen such a case. I hope it opens some eyes as to what the law says in these types of siutations.
post #22 of 27
Quote:
Originally posted by phathui5
This is her press release about filing to overturn her case:

http://www.roenomore.org/press/2003.pdf

No one here seems to care that she was used by her lawyer as a pawn for a case that her lawyer wanted to file. She never even ended up having an abortion. She and her lawyer both lied in court.
Oh, I care deeply. But to some, the ends justifies the means.

I thinks it's wonderful she wants to reopen the case. That she want to right this terrible wrong.
post #23 of 27

Federal court says 'no' to reopening the case

That was fast.

Quote:
The court said late Thursday that Norma McCorvey's request wasn't made within a "reasonable time" after the 1973 judgment in Roe v. Wade.
http://story.news.yahoo.com/news?tmp.../roe_v__wade_5
post #24 of 27
She wanted an abortion at the time, but could not obtain one legally in the time it took to have the case adjudicated, and gave birth instead. So she didn't lie in court and neither did her lawyer; the whole basis of her suit was that she wanted an abortion and could not obtain one. I believe she put the baby up for adoption. If abortion had been legal, she would have had one. No one forced her to be a plaintiff; it's not like her lawyer held a gun to her head and forced her to sign the affidavits she did. No matter what she says now, at the time she was perfectly willing to be a a plaintiff through the district court, appeals court, and Supreme Court proceedings. Revisionist history is a great thing, isn't it?

One of the legal issues the court had to deal with was whether her claim was mooted out because she had the baby before the Supreme Court heard her case. If the injury a plaintiff claims is past and cannot be remedied, then the court does not have jurisdiction to hear the case. However, the Supreme Court found that the facts fell into one of the exceptions to the mootness doctrine, namely the "capable of repetition yet evading review" exception. In other words, she could have gotten pregnant again, wanted an abortion, been denied a legal abortion, filed suit, and it wouldn't get heard to finality before the 38 weeks of pregnancy had elapsed. Therefore, her claim was not moot, and the court had jurisdiction to hear it.
post #25 of 27
Is the new case going to be McCorvey -vs- Roe?

In the original case, McCorvey was Roe, and Wade was the district attorney in Texas against whom the young Sarah Waddington filed this test case. So basically the older McCorvey is suing the younger McCorvey?

Sarah Waddington actually was able to have the abortion she desired in law school, although she had to go to Mexico to get it; that is not convenient, but she did get the abortion she wanted.

When McCorvey became pregnant, had the baby and gave it up for adoption. She was vague about how she had become pregnant - first she said she was raped, then she said she had a one night stand, then she said she had a short-lived affair. Whatever happened, McCorvey has been taken advantage of by almost every segment of society, so I guess it is the pro-lifers turn.

Do you think Sarah Waddington could have found another woman who had more sense? I really do not think so. She used this poor woman, and McCorvey is just one professional victim. She is very pathetic.
post #26 of 27
applejuice, which child of McCorvey are you referring to? She gave three children up for adoption. So, she had at least three pregnancies.

As I've stated before, McCorvey, as a drug seller (and user) was at least a wee bit familiar with using persons for personal/monetary gain.
post #27 of 27
Well explained Jane!!! ) The weird thing is that the week prior to her comign out protesting the courts decision, I just finished up a philosophy class where we studied this case in particular in detail......



Melanie
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