"A fifth circuit panel unanimously agreed that, regardless of the merits of McCorvey’s Rule 60(b) motion, McCorvey had presented no live case or controversy. Accordingly, her case was moot and her appeal was dismissed. The decision was rendered September 17, 2004 and was easy to miss amid the growing media circus surrounding the presidential election Moreover, it was the result commentators on both sides of the abortion debate expected. Few gave the Rule 60(b) motion much of a chance to succeed. Accordingly, the decision slipped by largely unnoticed. What should not have slipped by was Judge Edith H. Jones’s remarkable concurrence in McCorvey. Despite having dutifully crafted the panel opinion, Judge Jones felt compelled to write a strikingly candid concurrence. The subject matter of her concurrence gives us some clue about her motivations. Excepting Justice White’s dissent in Doe v. Bolton, it is difficult to find a stronger call (at least in the Federal Reporter) for the reassessment of Roe v. Wade and its critical factual premises."