GUEST COMMENTARY: Time is right for pro-life challenge to Roe v. Wade

2012-11-14T17:45:00Z GUEST COMMENTARY: Time is right for pro-life challenge to Roe v. WadeBy William J. O'Connor
November 14, 2012 5:45 pm  • 

Abortion is legal in America. So was slavery. So was denying women the right to vote. So was the U.S. Supreme Court’s finding that a black person is three-fifths of a human being.

On Jan. 22, abortion advocates will celebrate 40 years of abortion legality, while 55 million unborn children reside at the bottoms of landfills and waste incinerators.

Some unborn girls are there simply because they are girls, some boys simply because they are boys. Still others reside in laboratories where their kidneys are used in flavor enhancement experiments to improve the taste of soda pop, all in the name of choice.

For 40 years the procedure has gone unchallenged. Pro-life advocates say the right case has not developed, and that the structure of the Supreme Court is unfavorable. However, these advocates recently filed lawsuits nationwide alleging the unconstitutionality of compelled availability of contraceptives and abortifacients (abortion-causing drugs) in their health insurance programs, asserting denial of their religious liberty. Soon our tax dollars will pay for abortion, making you a willing or unwilling partner in the procedure.

Now is the ideal opportunity to challenge the legality of abortion. The churches, universities and others who sued can simply amend their complaints and add an additional count alleging the unconstitutionality of their required disbursement of abortifacients, and that the use of those agents results in the death of an unborn child, an unconstitutional and illegal event, requiring the reversal of Roe v. Wade.

Life advocates, now you've got the case, and if the court’s structure is good enough to decide your contraceptive issue, it’s good enough to decide the ultimate one. Your case already is in courts across the country, your lawyers are ready. Just add the issue of life, this time with ultrasound.

Of course, victory is not certain, but even Babe Ruth struck out twice for every home run, and he always stepped up to the plate.

Lawsuits have been filed to prevent the forced availability of contraceptives, and should be filed to prevent the next 55 million abortion deaths of our youngest children, and the next, and the next, and the next.

It’s time for pro-life advocates to step up to the plate, or step aside for those who will.

William J. O'Connor is a Hammond attorney. The opinion expressed in this column is the writer's and not necessarily that of The Times.

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