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Monday, Jan. 17, 2005 10:17 p.m. EST

McCorvey to High Court: Overturn Roe vs. Wade

The woman whose case became the basis for the controversial 1973 Supreme Court decision to legalize abortion is petitioning the court to have the ruling overturned.

Norma McCorvey, known as Jane Roe in court filings, told the Fox News Channel's "Hannity & Colmes" on Monday, "We're going to be fling a Motion 60 brief tomorrow with the Supreme Court and ask and plead and beg them to please overturn Roe versus Wade."

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  McCorvey came out against abortion years ago, but her decision to actively challenge the landmark ruling was spurred, she explained, by new technology that dramatically increases chances for viability for the unborn.

She also cited the increase in post-abortion depression among women.

McCorvey's lawyer, Allan Parker, explained the legal process, telling "Hannity & Colmes": "Under Rule 60, Norma, as a party [to the original case], can ask the court to vacate her judgment – set it aside as if it never was – on the grounds that it's no longer just."

Parker said he would be required to show that both medical and legal conditions had changed significantly since the court decided Roe vs. Wade 32 years ago.

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