A New Stage - The Supreme Court is listening!!
Thirty-six years after the Supreme Court legalized abortion-on-demand, the tide has turned. It’s the beginning of the end of Roe v. Wade.
Upholding the federal ban on the horrific and gruesome “partial-birth abortion” procedure, the Supreme Court cited The Justice Foundation’s Amicus Brief (also known as a friend of the court brief) in its ruling. The brief was filed on behalf of Sandra Cano, who was “Mary Doe” of Doe v. Bolton (the companion case to Roe v. Wade), and 180 women hurt by abortion.
Citing sworn testimony that The Justice Foundation presented, and acknowledging the argument that “abortion hurts women,” the Court recognized that “some women come to regret” their abortions. “Whether to have an abortion requires a difficult and painful moral decision” and is “fraught with emotional consequence,” the Court said. The Court also noted that “severe depression and loss of esteem can follow” an abortion.
In her dissent, Justice Ruth Bader Ginsburg wrote: “The Court is surely correct that, for most women, abortion is a painfully difficult decision.”
Yale Law School professor Jack M. Balkin characterized the inclusion of the testimonies of women and the message that abortion hurts women as follows: “The new rhetoric of pro-life forces [that Abortion Hurts Women] is no longer just rhetoric. It is now part of Supreme Court doctrine. That is the big news …”
If you have had an abortion, please download the DECLARATION form and submit to The Justice Foundation. Help us show the Supreme Court just how many have been hurt by abortion. Let your voice be heard in Operation Outcry!
HISTORY -
Stage One – Participation in the National Donna Santa Marie Project M 2000.
This Project was based on a federal case in New Jersey that challenged Roe v. Wade . The Justice Foundation filed Friend of the Court briefs on behalf of Norma McCorvey, who was "Jan Roe" in Roe v. Wade, and Sandra Cano, who was "Mary Doe," asking the Court to overturn their cases. This was a historic event in United States jurisprudence!
Stage Two – Lawsuit to to protect women's health
A lawsuit was filed against the Texas Department of Health seeking a declaratory judgment that the Texas Department of Health and the Board of Medical Examiners had failed to adequately protect women's health by not enforcing existing abortion facility regulations.
The State of Texas settled the lawsuit by agreeing to major changes in abortion facility regulation. Implementation of new regulations in conjunction with the Women's Right To Know Act resulted in some of the most protective regulations in the nation. Texas now requires abortion facilities to inform women of the true facts of child development in the womb, as well as the devastating psychological risks of abortion to women. Similar litigation is being considered in other states, and soon The Justice Foundation will be offering assistance to other states for similar efforts.
Stage Three - Direct challenge to Roe v. Wade and Doe v. Bolton as no longer just and equitable under Rule 60 of Federal Procedure.
October 10, 2006 - the United States Supreme Court declined to hear Sandra Cano's appeal to overturn its 1973 landmark decision in Doe v. Bolton. " We are disappointed that the Supreme Court has refused to consider the changed factual and legal conditions since 1973 that make Doe v. Bolton and Roe v. Wade no longer just," said Allan Parker, President of The Justice Foundation and lead attorney for the case. "The Supreme Court has frozen abortion law based on obsolete 1973 assumptions," he said.
· Rule 60 Motion to reverse Doe v. Bolton denied by the United States Court of Appeals for the 11th Circuit in Atlanta, Georgia on January 11, 2006
· Motion for rehearing filed on February 1, 2006
· Appeal by petition to the United States Supreme Court for certiorari on July 31, 2006
· Ruling on the Petition of Certiorari on October 10, 2006 - The Supreme Court declined to hear the case
