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	<title>Comments on: A bid to reopen 1973 abortion ruling</title>
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	<description>The Supreme Court of the United States blog</description>
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		<title>By: billposer</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10244</link>
		<dc:creator>billposer</dc:creator>
		<pubDate>Wed, 09 Aug 2006 21:12:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10244</guid>
		<description>Oops, I meant Doe=Cano, not Roe.

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		<content:encoded><![CDATA[<p>Oops, I meant Doe=Cano, not Roe.</p>
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		<title>By: billposer</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10243</link>
		<dc:creator>billposer</dc:creator>
		<pubDate>Wed, 09 Aug 2006 21:11:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10243</guid>
		<description>I stand corrected about Roe having had an abortion, but that doesn&#039;t actually change my point, which was that she has no cause of action for which the court can grant her relief. Nor do I see how the suit having been a class action changes this. What harm is done to her by the lack of a legal prohibition against abortion for which the court can grant her relief? She cannot simply argue that abortion is in general terms immoral or bad public policy as decisions of that nature are clearly within the province of the legislature.
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		<content:encoded><![CDATA[<p>I stand corrected about Roe having had an abortion, but that doesn&#8217;t actually change my point, which was that she has no cause of action for which the court can grant her relief. Nor do I see how the suit having been a class action changes this. What harm is done to her by the lack of a legal prohibition against abortion for which the court can grant her relief? She cannot simply argue that abortion is in general terms immoral or bad public policy as decisions of that nature are clearly within the province of the legislature.</p>
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		<title>By: Valerie M.</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10242</link>
		<dc:creator>Valerie M.</dc:creator>
		<pubDate>Wed, 09 Aug 2006 04:25:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10242</guid>
		<description>Joe, again, you are trying to turn a decision that legalized the killing of human beings in the womb at any time during a pregnancy for any reason on its head by suggesting that we should be grateful to the Supreme Court for preserving two of the most basic rights of United States citizens - liberty and religious freedom. Should an employer or a government be able to force a health care worker to commit an act that he or she believes is intrinsically evil or which violates his or her religious principles? The Supreme Court said NO when it pertains to abortion, the deliberate termination of a pregnancy. What about the so-called &quot;morning after&quot; pill then? Scientific literature lists eleven possible modes of action for emergency contraception, seven of which can be abortifacient, that is, designed to prevent the implantation or survival of the embryo. By definition, an abortifacient is a substance or device which terminates a pregnancy. Therefore, an abortifacient substance or device causes an abortion. Conclusion? The same legal principle that protects healthcare workers from abortion providers protects pharmacists from sellers of abortifacient substances or devices. The irony here is that the basis for the rulings which gave women &quot;the right to honor their own moral choices&quot; ALSO protects the rights of pro-life supporters to honor THEIR own moral choices. Don&#039;t you just love irony, Joe?


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		<content:encoded><![CDATA[<p>Joe, again, you are trying to turn a decision that legalized the killing of human beings in the womb at any time during a pregnancy for any reason on its head by suggesting that we should be grateful to the Supreme Court for preserving two of the most basic rights of United States citizens &#8211; liberty and religious freedom. Should an employer or a government be able to force a health care worker to commit an act that he or she believes is intrinsically evil or which violates his or her religious principles? The Supreme Court said NO when it pertains to abortion, the deliberate termination of a pregnancy. What about the so-called &#8220;morning after&#8221; pill then? Scientific literature lists eleven possible modes of action for emergency contraception, seven of which can be abortifacient, that is, designed to prevent the implantation or survival of the embryo. By definition, an abortifacient is a substance or device which terminates a pregnancy. Therefore, an abortifacient substance or device causes an abortion. Conclusion? The same legal principle that protects healthcare workers from abortion providers protects pharmacists from sellers of abortifacient substances or devices. The irony here is that the basis for the rulings which gave women &#8220;the right to honor their own moral choices&#8221; ALSO protects the rights of pro-life supporters to honor THEIR own moral choices. Don&#8217;t you just love irony, Joe?</p>
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		<title>By: Joe</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10241</link>
		<dc:creator>Joe</dc:creator>
		<pubDate>Tue, 08 Aug 2006 23:29:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10241</guid>
		<description>I myself corrected Bill&#039;s erroneous assumption. See the second post on the thread.

Since you argue that the women were dupes, I&#039;m not sure how I twisted your words. I simply don&#039;t see this on the evidence. The fact the women themselves later felt victimized doesn&#039;t really change this. Some might say they were used by the pro-life side.

Given reality dictates that they wouldn&#039;t have had an abortion given the time lag of the lawsuit, the duping was esp. hard to understand. They were apparently duped in supporting the rights of other women to make choices they themselves might not want to make. Ok. Again, it was a class action.

The right to choose includes not being forced to have an abortion, sterlized, and so forth. I respect your understanding of &quot;respecting life,&quot; though it is contra to the beliefs of major religions and so forth. Again, the rulings gave women the right to honor their own moral choices in this greatly disputed issue.

This includes, &quot;abortion on demand&quot; canards aside, physicians. Thus, Doe v. Bolton notes: &quot;a physician or any other employee has the right to refrain, [p198] for moral or religious reasons, from participating in the abortion procedure.&quot;

Such reasoning is now in part used by pro-life supporters to argue pharmacists need not sell morning after pills and so forth. A tad bit ironic.
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		<content:encoded><![CDATA[<p>I myself corrected Bill&#8217;s erroneous assumption. See the second post on the thread.</p>
<p>Since you argue that the women were dupes, I&#8217;m not sure how I twisted your words. I simply don&#8217;t see this on the evidence. The fact the women themselves later felt victimized doesn&#8217;t really change this. Some might say they were used by the pro-life side.</p>
<p>Given reality dictates that they wouldn&#8217;t have had an abortion given the time lag of the lawsuit, the duping was esp. hard to understand. They were apparently duped in supporting the rights of other women to make choices they themselves might not want to make. Ok. Again, it was a class action.</p>
<p>The right to choose includes not being forced to have an abortion, sterlized, and so forth. I respect your understanding of &#8220;respecting life,&#8221; though it is contra to the beliefs of major religions and so forth. Again, the rulings gave women the right to honor their own moral choices in this greatly disputed issue.</p>
<p>This includes, &#8220;abortion on demand&#8221; canards aside, physicians. Thus, Doe v. Bolton notes: &#8220;a physician or any other employee has the right to refrain, [p198] for moral or religious reasons, from participating in the abortion procedure.&#8221;</p>
<p>Such reasoning is now in part used by pro-life supporters to argue pharmacists need not sell morning after pills and so forth. A tad bit ironic.</p>
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		<title>By: Valerie M.</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10240</link>
		<dc:creator>Valerie M.</dc:creator>
		<pubDate>Tue, 08 Aug 2006 04:48:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10240</guid>
		<description>Joe, please don&#039;t twist what I said.  I was addressing the incorrect statement made by &quot;billposer&quot; that Sandra Cano HAD an abortion. Sandra Cano did NOT have an abortion, nor did she ever want one. It was others who wanted her to have an abortion.  She resisted.  Norma McCorvey, on the other hand, said she was duped into thinking she wanted an abortion, although ultimately, she never had one.

While there will always be women who &quot;celebrate&quot; their &quot;right to choose&quot; to kill their unborn children, there is also a sinister force at work in our culture which has succeeded in convincing poor women that this &quot;right to choose,&quot; this &quot;right&quot; to allow a tiny, developing child to be sucked into a jar or ripped limb from limb, is for their benefit when, in reality, it is nothing more than a ruse to keep the poor from reproducing.  (See pages 61-64 of the &quot;Clinton RU-486 Files&quot; where Attorney Ron Weddington, co-counsel in &quot;Roe v. Wade,&quot; wrote to a newly elected President Clinton, urging him to use &quot;persuasion&quot; to promote birth control and abortion among the poor because &quot;. . .we don&#039;t need more poor babies.&quot;  http://www.judicialwatch.org/archive/2006/jw-ru486-report.pdf).

Finally, your bizarre conclusion that these two lawsuits actually defended Norma McCorvey&#039;s and Sandra Cano&#039;s right to CHOOSE LIFE makes me believe that you would make a great swamp salesman.  This gator isn&#039;t buying!
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		<content:encoded><![CDATA[<p>Joe, please don&#8217;t twist what I said.  I was addressing the incorrect statement made by &#8220;billposer&#8221; that Sandra Cano HAD an abortion. Sandra Cano did NOT have an abortion, nor did she ever want one. It was others who wanted her to have an abortion.  She resisted.  Norma McCorvey, on the other hand, said she was duped into thinking she wanted an abortion, although ultimately, she never had one.</p>
<p>While there will always be women who &#8220;celebrate&#8221; their &#8220;right to choose&#8221; to kill their unborn children, there is also a sinister force at work in our culture which has succeeded in convincing poor women that this &#8220;right to choose,&#8221; this &#8220;right&#8221; to allow a tiny, developing child to be sucked into a jar or ripped limb from limb, is for their benefit when, in reality, it is nothing more than a ruse to keep the poor from reproducing.  (See pages 61-64 of the &#8220;Clinton RU-486 Files&#8221; where Attorney Ron Weddington, co-counsel in &#8220;Roe v. Wade,&#8221; wrote to a newly elected President Clinton, urging him to use &#8220;persuasion&#8221; to promote birth control and abortion among the poor because &#8220;. . .we don&#8217;t need more poor babies.&#8221;  <a href="http://www.judicialwatch.org/archive/2006/jw-ru486-report.pdf)" rel="nofollow">http://www.judicialwatch.org/archive/2006/jw-ru486-report.pdf)</a>.</p>
<p>Finally, your bizarre conclusion that these two lawsuits actually defended Norma McCorvey&#8217;s and Sandra Cano&#8217;s right to CHOOSE LIFE makes me believe that you would make a great swamp salesman.  This gator isn&#8217;t buying!</p>
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		<title>By: Joe</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10239</link>
		<dc:creator>Joe</dc:creator>
		<pubDate>Tue, 08 Aug 2006 03:28:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10239</guid>
		<description>I have read various accounts on the abortion movement and so forth and this business of them not ever wanting an abortion is news to me.

In fact, it is clearly on the record &quot;Roe&quot; even went to the degree of lying and saying she was raped in the hope it would help her have an abortion. But, Texas only had a life exception, though the state&#039;s atty admitted they sometimes looked the other way in such cases.

One or the other might have been at some point conflicted, but this is somewhat besides the point. They were names in a class action and the ultimate claim was the right to choose. This includes choosing not to have an abortion.

Needless to say many women, sometimes in various lawsuits, clearly wanted to have the right to choose. This includes some women from Texas and Georgia.
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		<content:encoded><![CDATA[<p>I have read various accounts on the abortion movement and so forth and this business of them not ever wanting an abortion is news to me.</p>
<p>In fact, it is clearly on the record &#8220;Roe&#8221; even went to the degree of lying and saying she was raped in the hope it would help her have an abortion. But, Texas only had a life exception, though the state&#8217;s atty admitted they sometimes looked the other way in such cases.</p>
<p>One or the other might have been at some point conflicted, but this is somewhat besides the point. They were names in a class action and the ultimate claim was the right to choose. This includes choosing not to have an abortion.</p>
<p>Needless to say many women, sometimes in various lawsuits, clearly wanted to have the right to choose. This includes some women from Texas and Georgia.</p>
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		<title>By: Valerie M.</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10238</link>
		<dc:creator>Valerie M.</dc:creator>
		<pubDate>Mon, 07 Aug 2006 21:46:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10238</guid>
		<description>In response to billposer&#039;s August 4 comment:  &quot;[Cano] wanted to have an abortion, the court allowed her to have it, and she did.&quot; -- As with Norma McCorvey, the &quot;Jane Roe&quot; of Roe v. Wade, Ms. Cano did NOT have an abortion, nor did she ever want one.  Like Ms. McCorvey, Sandra Cano was shamelessly used by pro-abortion feminist attorneys.  Please get your facts straight.
</description>
		<content:encoded><![CDATA[<p>In response to billposer&#8217;s August 4 comment:  &#8220;[Cano] wanted to have an abortion, the court allowed her to have it, and she did.&#8221; &#8212; As with Norma McCorvey, the &#8220;Jane Roe&#8221; of Roe v. Wade, Ms. Cano did NOT have an abortion, nor did she ever want one.  Like Ms. McCorvey, Sandra Cano was shamelessly used by pro-abortion feminist attorneys.  Please get your facts straight.</p>
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		<title>By: Marc Shepherd</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10237</link>
		<dc:creator>Marc Shepherd</dc:creator>
		<pubDate>Mon, 07 Aug 2006 19:15:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10237</guid>
		<description>I agree that this is a publicity stunt, which nobody expects to succeed. These people know how to count. Five Justices on the current Court are on record as supporting Roe in some form. There is no reason to think they&#039;ve changed their minds, or that even if they had, they&#039;d use a case in such a peculiar procedural posture to announce it.

The two new Justices have already shown that they&#039;re *procedurally* conservative. They will wait to express their views in a case that reaches the Court in the usual way.

My prediction, for what it&#039;s worth, is that at least one of the two new Justices, if not both, will adopt Justice Kennedy&#039;s position — namely, that Roe remains good law for stare decisis reasons, but that reasonable restrictions on the procedure are Constitutional. To put it another way, the Scalia/Thomas position will attract, at most, one new vote.
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		<content:encoded><![CDATA[<p>I agree that this is a publicity stunt, which nobody expects to succeed. These people know how to count. Five Justices on the current Court are on record as supporting Roe in some form. There is no reason to think they&#8217;ve changed their minds, or that even if they had, they&#8217;d use a case in such a peculiar procedural posture to announce it.</p>
<p>The two new Justices have already shown that they&#8217;re *procedurally* conservative. They will wait to express their views in a case that reaches the Court in the usual way.</p>
<p>My prediction, for what it&#8217;s worth, is that at least one of the two new Justices, if not both, will adopt Justice Kennedy&#8217;s position — namely, that Roe remains good law for stare decisis reasons, but that reasonable restrictions on the procedure are Constitutional. To put it another way, the Scalia/Thomas position will attract, at most, one new vote.</p>
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		<title>By: CajunBarrister</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10236</link>
		<dc:creator>CajunBarrister</dc:creator>
		<pubDate>Mon, 07 Aug 2006 16:31:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10236</guid>
		<description>Cases like this raise an interesting question.  Since the adverse party is the local D.A., and ultimately the State, the State AG has to expend resources for the defense of these actions.  I suspect, however, that political considerations would hinder the desire of any defending entity from taking too hardline a stance by seeking Rule 11 sanctions.
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		<content:encoded><![CDATA[<p>Cases like this raise an interesting question.  Since the adverse party is the local D.A., and ultimately the State, the State AG has to expend resources for the defense of these actions.  I suspect, however, that political considerations would hinder the desire of any defending entity from taking too hardline a stance by seeking Rule 11 sanctions.</p>
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		<title>By: Subzero91</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10235</link>
		<dc:creator>Subzero91</dc:creator>
		<pubDate>Mon, 07 Aug 2006 08:02:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10235</guid>
		<description>Does anyone think that this is anything other than a publicity stunt?  (I.e. would anyone in his right mind think that federal judges are so dishonest and political that this suit has a chance of succeeding?)
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		<content:encoded><![CDATA[<p>Does anyone think that this is anything other than a publicity stunt?  (I.e. would anyone in his right mind think that federal judges are so dishonest and political that this suit has a chance of succeeding?)</p>
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		<title>By: george_b3nson</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10234</link>
		<dc:creator>george_b3nson</dc:creator>
		<pubDate>Sun, 06 Aug 2006 18:35:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10234</guid>
		<description>I agree with federalist in this case. I also don&#039;t understand how it is that Cano can petition to reopen this ruling.
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		<content:encoded><![CDATA[<p>I agree with federalist in this case. I also don&#8217;t understand how it is that Cano can petition to reopen this ruling.</p>
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		<title>By: federalist</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10233</link>
		<dc:creator>federalist</dc:creator>
		<pubDate>Fri, 04 Aug 2006 23:08:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10233</guid>
		<description>As much as Judge Pryor and I agree about Roe, these attempts to vacate the judgments are silly and are publicity stunts more than anything.
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		<content:encoded><![CDATA[<p>As much as Judge Pryor and I agree about Roe, these attempts to vacate the judgments are silly and are publicity stunts more than anything.</p>
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		<title>By: Joe</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10232</link>
		<dc:creator>Joe</dc:creator>
		<pubDate>Fri, 04 Aug 2006 22:37:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10232</guid>
		<description>Actually, Roe/Doe were class actions, and the name plaintiffs were not directly affected respecting the pregnancies at issue when the rulings began (the suits took longer than nine months for one thing).

Some years ago, in fact, I read that Doe&#039;s daughter was pro-choice, in contra to her mother. She was pro-choice even though in theory she would not exist if her mother had the option to abort at the time. I wonder if there is a more up to date statement of the daughter&#039;s views.

[&quot;Roe&quot; too had her child.]

Still, this surely is not supportive of a good policy: revisiting rulings years after they were handed down by the plaintiffs themselves getting involved.

Agnosti is not really directly comparable. For one thing, the schools/parents harmed by not allowed gov&#039;t services are different from Doe here -- she is not deprived of a right &lt;i&gt;not&lt;/i&gt; to have an abortion. And, her childbirth decision, again was not affected since the SC didn&#039;t hand down its ruling until after she made it.

Second, it was argued that the law changed after the original ruling. The law changed somewhat here, but Casey overall accepted the &quot;core&quot; of Doe, so did not change it in a way that would warrant this sort of review.

A reading of the evidence and Roe itself suggests there is simply no relevant new &quot;evidence&quot; either that would justify a new result. [Others in a past thread disagreed, but simply put, I don&#039;t buy it.] But, if so, the proper way to go about it I would think is a new lawsuit in support of some local law (SD? Miss?) that limited abortion rights in the fashion sought here.


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		<content:encoded><![CDATA[<p>Actually, Roe/Doe were class actions, and the name plaintiffs were not directly affected respecting the pregnancies at issue when the rulings began (the suits took longer than nine months for one thing).</p>
<p>Some years ago, in fact, I read that Doe&#8217;s daughter was pro-choice, in contra to her mother. She was pro-choice even though in theory she would not exist if her mother had the option to abort at the time. I wonder if there is a more up to date statement of the daughter&#8217;s views.</p>
<p>["Roe" too had her child.]</p>
<p>Still, this surely is not supportive of a good policy: revisiting rulings years after they were handed down by the plaintiffs themselves getting involved.</p>
<p>Agnosti is not really directly comparable. For one thing, the schools/parents harmed by not allowed gov&#8217;t services are different from Doe here &#8212; she is not deprived of a right <i>not</i> to have an abortion. And, her childbirth decision, again was not affected since the SC didn&#8217;t hand down its ruling until after she made it.</p>
<p>Second, it was argued that the law changed after the original ruling. The law changed somewhat here, but Casey overall accepted the &#8220;core&#8221; of Doe, so did not change it in a way that would warrant this sort of review.</p>
<p>A reading of the evidence and Roe itself suggests there is simply no relevant new &#8220;evidence&#8221; either that would justify a new result. [Others in a past thread disagreed, but simply put, I don't buy it.] But, if so, the proper way to go about it I would think is a new lawsuit in support of some local law (SD? Miss?) that limited abortion rights in the fashion sought here.</p>
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		<title>By: billposer</title>
		<link>http://www.scotusblog.com/wp/a-bid-to-reopen-1973-abortion-ruling/comment-page-1/#comment-10231</link>
		<dc:creator>billposer</dc:creator>
		<pubDate>Fri, 04 Aug 2006 21:55:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/a-bid-to-reopen-1973-abortion-ruling/#comment-10231</guid>
		<description>I don&#039;t understand how it is that Cano can petition to reopen this ruling since her own case is moot: in the original case, she wanted to have an abortion, the court allowed her to have it, and she did. Even if she now regrets having had the abortion, the court cannot change that. If this were an original action I would think it would be dismissed for failure to state a cause of action for which relief can be granted. The reasons cited by Cano&#039;s lawyer may be reasons for the Court to reconsider the ISSUE, but they aren&#039;t reasons for reconsidering her case.
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		<content:encoded><![CDATA[<p>I don&#8217;t understand how it is that Cano can petition to reopen this ruling since her own case is moot: in the original case, she wanted to have an abortion, the court allowed her to have it, and she did. Even if she now regrets having had the abortion, the court cannot change that. If this were an original action I would think it would be dismissed for failure to state a cause of action for which relief can be granted. The reasons cited by Cano&#8217;s lawyer may be reasons for the Court to reconsider the ISSUE, but they aren&#8217;t reasons for reconsidering her case.</p>
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