Laws, facts and justice

In 1973, the United States Supreme Court took a decision which in effect legalised abortion. The landmark case is still known as Roe vs Wade. Roe was the nickname given to the woman at the centre of the case.

Her action brought about this fundamental change in that big county. Today that decision affects the lives of one million women and babies each year.

"Roe" is Norma McCorvey. She is now campaigning against the court's decision. She is now an anti-abortionist and is working to get the ruling overturned.

In her appearance in front of a federal appeals court she provided over 5,000 pages of evidence, including over 1,000 affidavits from women hurt by abortion.

The going is going to be tough. Her motion was dismissed by the federal court and, as a consequence, the case now moves one step closer to the US Supreme Court, which will ultimately decide on the case.

Supporters of Norma McCorvey were not surprised by the ruling but they were surprised by some of the comments made by the presiding judge, Edith Jones of the Fifth Circuit Court of Appeals.

Judge Jones said that the knowledge and social conditions that now exist have effectively changed the landscape on abortion. She implied that, had the facts been known at the time, the decision might have been different.

"If the courts were to delve into the facts underlying Roe's balancing scheme with present-day knowledge, they might conclude that the woman's 'choice' is far more risky and less beneficial, and the child's sentience far more advanced, than the Roe Court knew."

However, she warns that because laws have become entrenched, no "live controversy" will arise that would allow the Supreme Court to re-criminalise abortion. She admits that the courts over the years have taken the issue of abortion out of the hands of representative, democratic legislative bodies.

Judge Jones concludes: "One may fervently hope that the Court will someday acknowledge (scientific) developments and re-evaluate Roe and Casey (vs Planned Parenthood) accordingly.

"That the court's constitutional decision making leaves our nation in a position of wilful blindness to evolving knowledge should trouble any dispassionate observer... about the abortion decisions..."