Effort to Reexamine "Roe" Moves Forward

The U.S. 5th Circuit Court of Appeals will hear oral arguments in support of a motion to reopen Roe v. Wade.

"There are several issues before the court," Parker said, "whether Roe versus Wade should be overturned; whether to grant the motion based on the evidence that was submitted with the motion; or send the case back to a trial court for a trial; and whether a single judge or a three-judge panel should have heard the case at the trial court level."

Last June, Parker contended Judge Godbey misunderstood the motion, arguing the case is about changes in the relevant factual conditions, not a submission of new evidence.

One of the most relevant changes in law, he says, is the 1999 "Baby Moses" statute which allows a mother to hand over her child to the care of the state, meaning she no longer is forced to dispose of "unwanted" children by ending a human life.

Texas is among 40 states with such legislation, which didn't exist in 1973, Parker notes.