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Plaintiff's Challenge to 'Roe' Fails

Associated Press
Wednesday, September 15, 2004; Page A11

DALLAS, Sept. 14 -- A federal appeals court dismissed a lawsuit Tuesday from the woman formerly known as "Jane Roe" challenging the 1973 Supreme Court decision that legalized abortion nationwide.

Original plaintiff Norma McCorvey, whose protest of Texas's abortion ban led to the high court's landmark ruling in Roe v. Wade, has contended that the case should be heard again in light of evidence that the procedure may harm women.

But a three-judge panel of the U.S. Court of Appeals for the 5th Circuit dismissed her suit, calling it moot because Texas has not had a state abortion law for more than 30 years.

McCorvey plans an appeal to the Supreme Court.

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