Federal Appeals Court in New Orleans to Hear Case to Reopen Roe v. Wade

[NNN0LHI]

http://www.washingtonpost.com/wp-dyn/articles/A55368-2004Feb19.html

By LISA FALKENBERG
The Associated Press
Thursday, February 19, 2004; 5:18 PM

DALLAS - A federal appeals court has agreed to hear a request from the woman formerly known as "Jane Roe" to reconsider the 1973 U.S. Supreme Court decision Roe v. Wade that legalized abortion.

Norma McCorvey, who joined with anti-abortion activists nearly 10 years ago, is seeking to have the decision overturned, citing what she says is more than 30 years of evidence that abortions are psychologically harmful to women.

A federal district judge threw out her initial request in June, saying it was not made within a reasonable time. But the New Orleans-based 5th U.S. Circuit Court of Appeals has agreed to hear McCorvey's arguments March 2.

<>More than 20 Texas law school professors concerned about an unbalanced hearing filed a brief Wednesday asking to be allowed to argue the other side of the case. "It's important that the court hear from somebody representing the position that the district court took, which I think is clearly right," said David Schenck, a lawyer representing the professors. "At this point, the case is moot, and she's presenting at best a political question."


MORE

[NewYorkerfromMass]

1. good reason for us all to stick together. nt

[nothingshocksmeanymore]

2. well we can't do anything about this because we have two unpure

candidates so we can't support them and stick to our principles. It needs to get worse to get better...nevermind that judges are the key to it getting better...we are ABK....we are the principled....it needs to get worse to get better....we won't vote for a DLC whore so....we choose to fuck ourselves :puke:

[lovedems]

4. You have taken the words right out of my mouth.

I have been so bitchy today hearing all of that. Normally I don't let that kind of babble get to me, but today it has. Big time.

[nothingshocksmeanymore]

6. There are some on the left that desire the same totalitarian lock the

right has.....they hate us for our freedom to disagree with them.

[David Zephyr]

10. How Many Democrats in the Senate Voted to Confirm Scalia?

How Many Democrats in the Senate Voted to Confirm Thomas?
How Many Democrats in the Senate Voted to Confirm Rehnquist?
How Many Democrats in the Senate Voted to Confirm D. Kennedy?

Just wondering?

[nothingshocksmeanymore]

12. The vetting process for judges was quite different then

Rehnquists was far more contentious than was Scalia's..and of course we all remember Thomas's as it was recent enough....did you call those hearings Pink Tutu back then? Who nominated Ginsberg? Gonna fault them for confirming Souter too? He was a Bush pic!

I have addressed this inquiry before. I will be happy to search my prior posts in the matter and cut and paste them.

[NewJerseyDem]

16. Scalia was confirmed unanimously

The battle was over Rehnquist's nomination to become Chief Justice that year. I don't know why because the makeup of the court matter a hell of a lot more than who is chief justice. Anyway, this was pre-Bork so I think that most nominees were confirmed very easily. Senators didn't vote based on ideology back then.

[nothingshocksmeanymore]

18. Bork created the greatest acrimony

but back then judges were still vetted more through the ABA than the Federalist Society.

[NewJerseyDem]

15. 11 democrats voted for Thomas

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=102&session=1&vote=00220#top

Boren (OK)
Breaux (LA)
DeConcini (AZ)
Dixon (IL)- lost primary in 1992 to Carol Moseley Braun because of this vote
Exon (NE)
Fowler (GA)
Hollings (SC)
Johnston (LA)
Nunn (GA)
Robb (VA)
Shelby (AL)- now a republican

[NewJerseyDem]

19. 31 democrats voted against Rehnquist for Chief Justice

Kennedy was confirmed unanimously but this was after Bork was rejected and Douglas Ginsburg didn't happen so everybody was ready to fill this vacancy with the fairly moderate Kennedy.

http://vietpage.com/archive_news/politics/2003/Apr/7/0091.html

Against Rehnquist Nomination: Kerry voted against the confirmation of William Rehnquist to become the Chief Justice of the Supreme Court. (Roll Call Vote #266: Confirmed 65-33: R 49-2; D 16-31, September 17, 1986)

[David Zephyr]

20. How Many Senate Democrats Confirmed Anti-Choice Ashcroft to the A.G.?

What dove tails perfectly with this story about Roe v. Wade is the fact that there were actually Democrats who voted to confirm John Ashcroft,the most anti-choice Attorney General in post Roe v. Wade days when he was nominated by George W. Bush.

John Ashcroft during his days as Attorney General in Missouri went after family planning organizations with a zeal that eventually got him into trouble with the SCOTUS. He practically drove the National Organization of Women out of Missouri.

And yet, look at the roster of Democrats who voted for this madman to become the head of the Justice Department.

And furthermore, while you're looking, check out the roster of Democrats who empowered this Attorney General with the Patriot Act.

I don't think these Democrats are "unpure", I think that they betrayed those of us in the Party that voted for them.

But hey, it's an election year and we are supposed to fall in lock step behind a front runner now and forget the past. Even if it is a very, very recent past.

[maddezmom]

3. this is f'ing scary

:(

[adadem]

5. Scary

and what's even more scary is that my first thought upon reading this was that shrub and his clan are getting scared and will try to shove something through under our noses...and because they control everything they can pretty much do whatever the f they want.

[Maddy McCall]

9. They did. Charles Pickering's underhanded appointment by Bush

to the court that will hear this case would classify as shoving something through under our noses.

[in_cog_ni_to]

7. holy shit. n/t

[Maddy McCall]

8. You guys who're refusing to vote in the GE if Kerry is the nominee-Beware

You don't think there will be any difference? Well let me tell ya something.

If it weren't for Bush's underhanded appointment of Charles Pickering to the Fifth District, this case wouldn't have even been considered.

Now Bush has a direct tentacle in the goings-on of the Fifth District, and he will have a decision in this case via proxy by Pickering.

If we had ANY Democratic president right now, Pickering would be nowhere NEAR the Fifth District seat.

How the HELL can ANYONE say that there is no difference in Kerry and Bush?

Bush wants Roe v. Wade overturned and he is manipulating the courts to get it done. Be forewarned: your absense at the polls in November gives you NO RIGHT to complain when your sisters and daughters have to have this procedure done in filthy, illegal clinics.

Electing a Democrat--ANY DEMOCRAT--is vital to women, minorities, working-class folks--ALL AMERICANS.

/rant

[David Zephyr]

11. The Democratic Senate Minority "Leader" Voted for PBA.

Yes, indeed! Thomas Daschle, our Party's very own leader in the United States Senate, whose wife is a lobbyist for American Airlines, made certain that he was present to vote in favor of the federal law to criminalize aborting late term pregnancies.

[nothingshocksmeanymore]

13. edited

[Maddy McCall]

14. The remaining Dem candidates are decidedly pro-choice and

stand on the right side of women's issues.

When did Tom Daschle become a Democratic presidential candidate?

Is this your best argument?

[David Zephyr]

21. This Thread Is About Roe v. Wade, I Thought.

Best argument for what? I don't know what you are speaking about.

Are you happy with elected Democrats that betray their constituents and only unhappy with those of us who call them out on doing so?

[Maddy McCall]

24. Since it is in GD04, it pertains to the presidential race and judicial

appointments.

I am happy that both Dem front runners are decidedly pro-choice.

[David Zephyr]

25. Well, I'm Happy About That Also.

But they both did empower the nutcase at the Justice Department who has a history of harrassing family planning clinics...which was a mistake in my eyes.

[Slice]

17. This is why

This is why it's so important to vote for the Democratic candidate this year, if only for the fact that if Bush gets another turn, he will be able to appoint 2 or 3 justices to the Supreme Court, and Roe v Wade could possibly be overturned.

[lovedems]

22. That will only be the beginning. I am sure if he gets to replace a

few SCOTUS judges, there will be a rush of legislation that the fundies convince the chimp needs to be changed and like a good boy, he will do what Falwell and others want him to do.

Welcome to DU! :hi:

[Slice]

23. Thank you

nt

[Maddy McCall]

26. Kick...to show how important voting in the GE is,