SCOTUS Refuses Roe v. Wade Review Petition, Dismays Pro-Lifers
by Jenni Parker and Bill Fancher
February 23, 2005
(AgapePress) - The pro-life community is reacting to yesterday's decision by the U.S. Supreme Court, refusing to reconsider the 1973 ruling that legalized abortion. Norma McCorvey, the woman who was known as "Jane Roe" in the Roe v. Wade case, filed a petition asking the high court to rethink the fateful judgment of 32 years ago.| | 
Norma McCorvey |
It was McCorvey's protest of Texas' abortion ban that led to the Supreme Court's determination three decades ago that abortion is a woman's constitutional right. Years later, however, the plaintiff became a Roman Catholic and came to regret her role in the case, which prompted her to pursue the legal challenge. In her appeal, she argued that the matter should be heard again in light of mounting evidence that abortion harms women.In rejecting the petition, the Supreme Court basically stated without further comment that it would not hear the appeal. According to an Associated Press report, McCorvey told media at a Dallas news conference yesterday that she has now done everything she knows how to do to overturn Roe v. Wade and now "the weight of the world is no longer on my shoulders."
No Great Surprise, But a Great Disappointment
A CNN.com article points out that the high court's rejection of the appeal came as no surprise to most, considering that a decision to reopen a case on so-called "changed circumstances" is rare and two lower courts had already refused to review the 1973 ruling. The outlet also pointed out what may have been additional influencing factors: namely, the current, intense speculation about the possibly imminent retirement of ailing Chief Justice William Rehnquist, and the fact that liberal groups have vowed to fight any pro-life judge nominated to fill the vacancy his departure would create.
But McCorvey's attorney, Allan Parker, felt his client's case was strong and released a statement in response to the justices' decision, commenting, "It is tragic and disappointing that the Court is not willing to consider the aftermath of 32 years of abortion and its devastating affect to women, their families, and our culture."
Parker, president of The Justice Foundation, went on to note that he had presented the Supreme Court with "a thousand more witnesses than did the original Roe case in 1973" and "submitted over 5,000 pages of evidence, including expert testimony of which the Court had none in 1973." He added, "This year alone, 100,000 women will be in abortion recovery programs across the nation. We find it tragic that their voices have been rejected."
According to the lawyer, the denial fails to reflect the court's views on the merits of the case and merely expresses the judges' discretionary refusal to review the lower-court decisions. He insists that the decision is not a reaffirmation of Roe v. Wade, but an indication that change is needed on the high court bench.
"We believe this decision sends an important message that the High Court needs compassionate judges who care about the pain and suffering of women hurt by abortion," Parker says. "No one with a heart can hear the evidence in this case and not at least be concerned about the devastation of abortion to women, families and culture."
Pro-Life Leader Says All Is Not Lost
Whether the Supreme Court's refusal was anticipated or not, its refusal to review the case has dismayed pro-lifers across the nation who were praying for a reversal. Tracey Reynolds of the group Operation Outcry got the bad news Tuesday afternoon. Operation Outcry assisted in the preparation of McCorvey's petition. Lamenting the high court's rejection of the appeal, Reynolds says, "It's sad because there were over 1,000 women that had sworn testimonies in the case, and there were 10,000 that filed a brief that were in post-abortion healing ministries."
The pro-life activist says she and other supporters of McCorvey's effort find it both sorrowful and discouraging that the court would refuse to reconsider Roe v. Wade. "When you get a traffic ticket, you can always go back to court to have it appealed, and in this case we tried to have the court hear our pleas from the women in America," she explains. Unfortunately, she adds, the high court "denied Norma and all of us the opportunity."
But according to the Operation Outcry spokeswoman, all is not lost because another case regarding abortion is still pending in the appellate court petition system. Reynolds notes that the woman referenced in the Doe v. Bolton decision, a parallel case to Roe v. Wade, has also asked the Supreme Court to reconsider the ruling in that case.
