Of course it can, in fact that's often exactly how SCOTUS is overturned, that is by a new case brought to SCOTUS for a ruling.
IOW, all Snott Peterson's attorneys need to argue on appeal is the 14th Amendment -- Equal Protection. Had Laci Peterson chosen to go to Planned Parenthood on December 23, 2002 and have an abortion, there would be "no murder" of Conner Peterson. How can Snott be found guilty of murdering that same unborn child on that same day if Laci had the "right" to do so? I am hoping Snott's appeals go that route.
>Had Laci Peterson chosen to go to Planned Parenthood on >December 23, 2002
Would she have been able to have an abortion at 8 months?