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American Morning
Abortion Challenge
Aired June 18, 2003 - 07:43 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: The woman who was once known as "Jane Roe," whose case led to the nationwide legalization of abortion three decades ago, now wants the Supreme Court decision overturned. Norma McCorvey is asking the courts to consider what she says is new evidence that abortion hurts women.
More now from Dan Lothian.
(BEGIN VIDEOTAPE)
DAN LOTHIAN, CNN CORRESPONDENT (voice-over): The former poster child for Roe v. Wade in Dallas, surrounded by signs of regret. Norma McCorvey, the real "Jane Roe," now wants the case that legalized abortion to be overturned.
NORMA MCCORVEY, "JANE ROE" OF ROE V. WADE: McCorvey and
LOTHIAN: McCorvey and her lawyer, armed with 5,400 pages of evidence claiming abortion injures women.
UNIDENTIFIED MALE: What the court thought was a solution to their problems was a doorway to pain and suffering in their lives.
LOTHIAN: But the president of a national abortion rights group says this latest effort is misguided.
UNIDENTIFIED FEMALE: There has been no credible -- substantial credible evidence through serious research that the choice to have an abortion has hurt women.
LOTHIAN: The abortion debate, always controversial, at times volatile, especially since the 1973 landmark ruling built on the case of plaintiff Jane Roe, a 21-year-old mother of two who was unable to abort her third child.
Roe broke her silence in 1980 and quickly became a commanding voice with the abortion rights movement.
UNIDENTIFIED FEMALE: Pro choice. Pro choice.
UNIDENTIFIED FEMALE: Pro choice. Pro choice.
UNIDENTIFIED FEMALE: Pro choice. Pro choice.
LOTHIAN: But now, some seven years after a change of heart and religion, a different voice.
MCCORVEY: What they have said in the past, "You've come a long way, baby," we're getting our babies back. Thank you.
LOTHIAN: The abortion rights movement sees only a threat to women's rights.
UNIDENTIFIED FEMALE: It's another attempt by anti-choice forces to eliminate a woman's right to choose and a women's right to privacy in making reproductive choices.
LOTHIAN (on camera): A leading constitutional lawyer says the federal court is unlikely to reevaluate this case, citing the fact that McCorvey has -- quote -- "no legal ground to challenge Roe v. Wade."
Dan Lothian, CNN, Los Angeles.
(END VIDEOTAPE)
KAGAN: Our legal analyst, Jeffrey Toobin, is here with us now.
Jeff -- good morning to you.
Let's put the discussion aside about where people fall on this. Let's talk about the legal aspect of this. Can you do this? Can you go to the Supreme Court and say, remember that thing? Never mind.
JEFFREY TOOBIN, CNN LEGAL ANALYST: No, you can't. I mean, I think as a legal matter it is really about as clear as it can be that the Supreme Court, in general, does not do this with cases. And you have six of the nine justices on the court currently who have said that Roe v. Wade is a precedent that they are standing with, that they are going to support. Whether that's true when there are new appointments is a separate question.
But today, you can't file this kind of motion 30 years later, and this court is not changing its mind on Roe v. Wade.
KAGAN: But her lawyer points out that there are precedents of the Supreme Court going back 12 years later and overturning previous decisions.
TOOBIN: There is one case that they cite. It's an interesting case. I wasn't familiar with the procedural aspect of it, but what's so different about that case was that that was an injunction the Supreme Court issued on specific plaintiffs, saying you have to do "x." And the plaintiffs came back and said, look, we don't have money anymore. We can't do "X" anymore. A completely different scenario from basically saying this is what the law should be on abortion. It's just a different situation.
But they can make the petition. It's certainly legal to go in there and ask, but they're not going to win.
KAGAN: And finally, let's talk about the timing of all of this. There is a great anticipation by many people that one or two justices will very soon announce their retirement. How does that play into the politics of Roe v. Wade? TOOBIN: Well, that's where I think Norma McCorvey may have more promise, because Roe v. Wade, it currently has six justices supporting it. But, you know, many justices are getting older. There are lots of rumors about people retiring. George Bush is committed to appointing pro-life justices. So, you know, they may win.
I mean, Norma McCorvey may yet get her case overturned, but the way it's going to be done is the conventional way of new justices on the court, cases coming up through the system in the ordinary way. That's where she may win. She's not going to win by getting the case of Roe v. Wade overturned.
KAGAN: All right, Jeff Toobin, thank you for that.
TOOBIN: OK.
KAGAN: Appreciate it.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
Aired June 18, 2003 - 07:43 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: The woman who was once known as "Jane Roe," whose case led to the nationwide legalization of abortion three decades ago, now wants the Supreme Court decision overturned. Norma McCorvey is asking the courts to consider what she says is new evidence that abortion hurts women.
More now from Dan Lothian.
(BEGIN VIDEOTAPE)
DAN LOTHIAN, CNN CORRESPONDENT (voice-over): The former poster child for Roe v. Wade in Dallas, surrounded by signs of regret. Norma McCorvey, the real "Jane Roe," now wants the case that legalized abortion to be overturned.
NORMA MCCORVEY, "JANE ROE" OF ROE V. WADE: McCorvey and
LOTHIAN: McCorvey and her lawyer, armed with 5,400 pages of evidence claiming abortion injures women.
UNIDENTIFIED MALE: What the court thought was a solution to their problems was a doorway to pain and suffering in their lives.
LOTHIAN: But the president of a national abortion rights group says this latest effort is misguided.
UNIDENTIFIED FEMALE: There has been no credible -- substantial credible evidence through serious research that the choice to have an abortion has hurt women.
LOTHIAN: The abortion debate, always controversial, at times volatile, especially since the 1973 landmark ruling built on the case of plaintiff Jane Roe, a 21-year-old mother of two who was unable to abort her third child.
Roe broke her silence in 1980 and quickly became a commanding voice with the abortion rights movement.
UNIDENTIFIED FEMALE: Pro choice. Pro choice.
UNIDENTIFIED FEMALE: Pro choice. Pro choice.
UNIDENTIFIED FEMALE: Pro choice. Pro choice.
LOTHIAN: But now, some seven years after a change of heart and religion, a different voice.
MCCORVEY: What they have said in the past, "You've come a long way, baby," we're getting our babies back. Thank you.
LOTHIAN: The abortion rights movement sees only a threat to women's rights.
UNIDENTIFIED FEMALE: It's another attempt by anti-choice forces to eliminate a woman's right to choose and a women's right to privacy in making reproductive choices.
LOTHIAN (on camera): A leading constitutional lawyer says the federal court is unlikely to reevaluate this case, citing the fact that McCorvey has -- quote -- "no legal ground to challenge Roe v. Wade."
Dan Lothian, CNN, Los Angeles.
(END VIDEOTAPE)
KAGAN: Our legal analyst, Jeffrey Toobin, is here with us now.
Jeff -- good morning to you.
Let's put the discussion aside about where people fall on this. Let's talk about the legal aspect of this. Can you do this? Can you go to the Supreme Court and say, remember that thing? Never mind.
JEFFREY TOOBIN, CNN LEGAL ANALYST: No, you can't. I mean, I think as a legal matter it is really about as clear as it can be that the Supreme Court, in general, does not do this with cases. And you have six of the nine justices on the court currently who have said that Roe v. Wade is a precedent that they are standing with, that they are going to support. Whether that's true when there are new appointments is a separate question.
But today, you can't file this kind of motion 30 years later, and this court is not changing its mind on Roe v. Wade.
KAGAN: But her lawyer points out that there are precedents of the Supreme Court going back 12 years later and overturning previous decisions.
TOOBIN: There is one case that they cite. It's an interesting case. I wasn't familiar with the procedural aspect of it, but what's so different about that case was that that was an injunction the Supreme Court issued on specific plaintiffs, saying you have to do "x." And the plaintiffs came back and said, look, we don't have money anymore. We can't do "X" anymore. A completely different scenario from basically saying this is what the law should be on abortion. It's just a different situation.
But they can make the petition. It's certainly legal to go in there and ask, but they're not going to win.
KAGAN: And finally, let's talk about the timing of all of this. There is a great anticipation by many people that one or two justices will very soon announce their retirement. How does that play into the politics of Roe v. Wade? TOOBIN: Well, that's where I think Norma McCorvey may have more promise, because Roe v. Wade, it currently has six justices supporting it. But, you know, many justices are getting older. There are lots of rumors about people retiring. George Bush is committed to appointing pro-life justices. So, you know, they may win.
I mean, Norma McCorvey may yet get her case overturned, but the way it's going to be done is the conventional way of new justices on the court, cases coming up through the system in the ordinary way. That's where she may win. She's not going to win by getting the case of Roe v. Wade overturned.
KAGAN: All right, Jeff Toobin, thank you for that.
TOOBIN: OK.
KAGAN: Appreciate it.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
