Federal Rules of Civil Procedure permit a litigant to file for relief from judgment, under defined circumstances.

However, the same rule requires that "[t]he motion shall be made within a reasonable time"; the U.S. District Court for the Northern District of Texas ruled that the time elapsed since Roe (in excess of thirty years) was too great for McCorvey to now file.

Legislatures will not pass laws that challenge the trimester ruling adopted in Roe (and retooled as the 'undue burden' test in Planned Parenthood v. Casey).

Consequently, I cannot conceive of any judicial forum in which McCorvey's evidence could be aired...[B]ecause the Court's rulings have rendered basic abortion policy beyond the power of our legislative bodies, the arms of representative government may not meaningfully debate McCorvey's evidence.

(Citations omitted)Jones concluded: The perverse result of the Court's having determined through constitutional adjudication this fundamental social policy, which affects over a million women and unborn babies each year, is that the facts no longer matter...That the Court's constitutional decisionmaking [sic] leaves our nation in a position of willful blindness to evolving knowledge should trouble any dispassionate observer not only about the abortion decisions, but about a number of other areas in which the Court unhesitatingly steps into the realm of social policy under the guise of constitutional adjudication.