Aiding McCorvey is human rights lawyer Allan Parker, founder of The Justice Foundation. Parker is constructing a case much like the one Thurgood Marshall built in Brown vs. Board of Education
Marshall argued that in the 57 years that had elapsed since Plessy vs. Ferguson, evidence had mounted to show that segregation did demonstrable harm to black children in public schools. Based on that evidence, and new advances in social science, Marshall argued, Plessy should be overturned.
Using the affidavit of McCorvey, Parker is calling for Roe to be reversed, whole and entire, on the following grounds.
First, Roe deprived women of all protection from the dangers of abortion. Parker provides affidavits from 1,000 women who testify to the physical, psychological and emotional damage they suffered as a result of their abortions -- damage of which they were never made aware. The harm and horrors of abortion were not considered in 1973. Now they are known.
Second, tremendous strides have been made in medicine and science to enable the Rehnquist court, better than the Burger court of 1973, to decide with certitude when life begins.
Third, the issue of a women's right to privacy and not to have to care for an unwanted child has been addressed by Texas. Under a 1999 law, Texas will provide an upbringing for every child, up to 18 years of age, no questions asked of the mother, whose privacy will be protected.
As the facts have changed, and the situation has changed, and the thinking has changed -- and the original Roe decision was based on claims rooted in deceit and lies -- Roe should be reconsidered.
That is Parker's case. It is a compelling one -- as compelling as the story of Norma McCorvey, a brave women seeking to right a horrible wrong that was done, in some measure, because of her. On Friday, a Dallas federal judge threw out McCorvey's plea. But, undeterred, Allan Parker intends to take it the next step -- and ultimately to the Supreme Court, where it belongs.