Understanding the tragic and harmful effects to women and others over three decades, Norma McCorvey, who was “Jane Roe” of Roe v. Wade, wanted to see her case overturned during her lifetime, justice restored, and women and children protected.

In June 2003, The Justice Foundation filed a “Rule 60 Motion” in federal district court on behalf of Norma McCorvey to overturn the ruling in Roe v. Wade. When the motion was denied, the decision was appealed to the U.S. Court of Appeals for the Fifth Circuit, where it was also denied.

In February 2005, the United States Supreme Court refused to hear Norma’s appeal. The Court’s denial does not reflect its views on the merits of the case, and it is not a reaffirmation of Roe. It merely expresses the Court’s discretionary refusal to give appellate review to a lower court decision. To continue to pursue overturning Roe through a Rule 60 motion, a future legal or factual change would need to occur. However, the Court could consider overturning Roe when hearing an abortion-related case.

The motion was filed under federal Rule 60, which allows a victor in a case to return to court – even years later – when factual conditions and changes in law exist that make the original ruling no longer just.  

A Rule 60 Motion, the first step in reversing a federal court decision, can be filed by an original party. As the sole original plaintiff, only Norma has standing to challenge her case under Rule 60.

Three major arguments were the basis of the Roe Rule 60 motion, which included 5,357 pages of evidence, as follows:

1) Abortion hurts women. More than 1,000 women signed affidavits attesting to the devastating emotional, physical, and psychological trauma of their abortions. Evidence of the harm to women as a result of abortion was unavailable to the Supreme Court 30 years ago.

2) “When does human life begin?” was the unanswered question in the original Roe case. In 1973, the Court recognized this only as a philosophical issue. Scientific evidence has since established the undeniable humanity of the child at fertilization.

3) Safe alternatives to abortion. “Safe haven” laws in most states [46] require the State to care for any woman’s unwanted baby from birth to age 18. A woman may take her baby to a safe haven – with no questions asked, if no harm is done to the baby – without fear of being prosecuted for abandoning the child. Because the State takes responsibility for all unwanted newborns, women should no longer feel forced to end the lives of their “unwanted” children.

   Read Norma McCorvey's Affidavit