Wednesday, January 19, 2005
In 2003 the federal district court in Dallas rejected Norma McCorvey's request to overrule the case she famously brought more than 30 years ago, Roe. v. Wade. In 2004 the Fifth Circuit Court of Appeals affirmed, with a strongly worded concurrence from Judge Edith Jones, who is widely reported to be on the very short short-list for any upcoming vacancy on the Supreme Court, arguing that Roe should indeed be consigned to the trash heap of history. As reported by the AP this afternoon, Ms. McCorvey has asked the Supreme Court to reverse the lower courts and overrule Roe.
Even if five justices were prepared to overrule Roe today, is this the vehicle for them? It's hard to see how Ms. McCorvey can overcome the objections that her FRCP 60(b) motion for relief from judgment is simply 30 years too late and the case is now moot. Lyle Denniston has a link to the cert. petition over on SCOTUSBlog. [tm]