As expected, the U.S. Court of Appeals for the 5th Circuit earlier this month rejected the opportunity to re-open litigation in 1973′s Roe v. Wade abortion decision, basing its ruling on procedural grounds.
But the judge who wrote the opinion couldn’t resist taking a shot at Roe v. Wade‘s unusual procedural history — referring to the U.S. Supreme Court’s landmark opinion as an “exercise of raw judicial power.”
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