Justices Reject ‘Roe’ Abortion Case
The Supreme Court on Tuesday rejected a challenge to its landmark 1973 ruling legalizing abortion by the woman once known as Jane Roe, who was at the center of the historic case.
Without comment, justices declined to hear the appeal from Norma McCorvey and thus dodged a charged political debate. McCorvey’s protest of Texas’ abortion ban led to the Roe vs. Wade ruling establishing a constitutional right to abortion.
McCorvey, who says she now regrets her role in the decision, argued in court filings that the case should be heard again in light of evidence that abortion harms women.
The high court’s move Tuesday was not surprising. A decision to reopen a case based on so-called changed circumstances is rare, and two lower courts had refused to reconsider the ruling.
It also comes amid speculation over whether ailing Chief Justice William H. Rehnquist will retire this term. Liberal groups have vowed to fight any replacement nominee who opposes the landmark ruling.
At least three justices, Rehnquist, Antonin Scalia and Clarence Thomas, have said Roe vs. Wade was wrongly decided and should be overturned.
The case is McCorvey vs. Hill, 04-967.
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