Home
/
RELIGION & LIBERTY ONLINE
/
The end of Roe is the beginning of new life for citizens and their duties
The end of Roe is the beginning of new life for citizens and their duties
Jul 28, 2026 1:40 AM

While many were shocked by the recent SCOTUS ruling that overturned a right to abortion, it should e as no surprise that if you live by the court, you can die by the court. Yet the debate over abortion peting rights has only just begun.

Read More…

Weeks after the Supreme Court’s landmark 6-3 ruling in Dobbs v. Jackson Women’s Health Organization (2022), which held that the Constitution of the United States does not confer a right to abortion, the nation is still struggling e to grips with its consequences.

Numerous states have laws criminalizing abortion in certain cases that have not been in effect since the precedents set by Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). One such state is Michigan. Local courts and attorneys generals are still working through the implications of the new ruling for those laws. Other states are working out the implications of “trigger laws” that have now gone into effect with the prior precedents now overturned. Many state legislators are considering entirely new laws with an aim either to restrict or to secure access to abortion.

All of this is occurring in the context of—and in many cases fueled by—an emotional frenzy unleashed in a deeply divided citizenry. Pro-life Americans are rejoicing while mitted to abortion rights are lamenting. Highly charged conversations in the public square as well as around dinner tables are proceeding with renewed urgency. These debates are centered peting rights claims—the right to life of the unborn and the reproductive rights of women—and touch on the most important questions of the nature of the human person, freedom, and responsibility.

The deep irony is that peting claims and important questions are not actually addressed by Dobbs.

Prior precedent had established a right to abortion by the principle of substantive due process. This principle allows courts to protect rights not specifically enumerated in the Constitution but alluded to in the 14th Amendment—rights to be preserved against any law that sought to deprive any person of “life, liberty, or property, without due process of law.”

In the majority opinion of Dobbs, however, Justice Samuel Alito argued that unenumerated rights must be “deeply rooted in this Nation’s history and tradition,” as the late former chief justice William Rehnquist asserted in a ruling on assisted suicide in Washington v. Glucksberg (1997). The long history of widespread regulation and prohibition of abortion prior to Roe is inconsistent with any claim to a deeply rooted history and tradition of abortion rights in America, and thus there can be no constitutional right to abortion.

Yet Justice Alito was very explicit about the narrowness of the question being settled by the Court, writing, “Our opinion is not based on any view about if and when prenatal life is entitled to any of the rights enjoyed after birth.”

Prior precedent in both Roe and Casey sought to adjudicate the questions of abortion per se, attempting to balance peting rights claims, arguing that, in the words of the plurality opinion in Casey: “Before viability, the State’s interests are not strong enough to support a prohibition of abortion,” while acknowledging that “the State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may e a child.”

In their vigorous dissent to Dobbs, Justices Breyer, Kagan, and Sotomayor argued, “The rightRoeandCaseyrecognized does not stand alone. … The Court has linked it for decades to other settled freedoms involving bodily integrity, familial relationships, and procreation. … Those rights led, more recently, to rights of same-sex intimacy and marriage.” Justice Alito notes in the majority opinion that “the most striking feature of the dissent is the absence of any serious discussion of the legitimacy of the States’ interest in protecting fetal life” and sees in the analogy drawn by the dissenting justices to other rights the court has recognized an implicit rejection of the project of the balancing peting rights claims that prior precedence had sought.

Chief Justice John Roberts in his concurrence in judgment to Dobbs agreed that “the viability line established by Roe andCasey should be discarded,” but he disagreed with the majority’s ruling to overturn the entire precedent set in Roe and Casey. He proposed an alternative grounding for abortion rights centered on preserving a woman’s right to choose to terminate her pregnancy. Chief Justice Roberts argued that Mississippi’s law, which banned abortion after the first 15 weeks of pregnancy with exceptions for medical emergency and fetal abnormality, would not violate a right with such a foundation, as pregnancy is ordinarily discovered by six weeks of gestation. “That right should therefore extend far enough to ensure a reasonable opportunity to choose, but need not extend any further—certainly not all the way to viability.”

While the justices were clearly divided on the ruling, they appear unanimous in rejecting the balance previous precedent attempted to strike. It is now time for the republic’s citizens and representatives to perform their long-neglected duty.

Americans have just begun a renewed national dialogue unconstrained by the dubious precedents and tortured logic that have frustrated it for nearly 50 years. There will—at least initially—be more heat than light. Temperatures must cool for genuine insight e. It will require both mutual respect and trust among citizens in a polarized age. The great promise of democracy is that citizens can live together, and participate in shaping their life together, in spite of apparent irreconcilable differences. Exploring and debating life’s deepest and most abiding questions—of the human person, freedom, and responsibility—is difficult but inescapable for any genuine life munity to persist. It is now incumbent upon the nation, not just the Supreme Court of the Unites States, to begin doing just that.

This article originally appeared in The Detroit News on July 14, 2022

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Why We Should Oppose Both Skynet and Minimum Wage Increases
I oppose implementing Skynet and increasing minimum wage laws for the same reason: to forestall the robots. It’s probably inevitable that a T-1000 will return from the future to terminate John Connor. But there is still something we can do to prevent a TIOS from eliminating the cashier at your local McDonalds. In Europe, McDonalds has ordered 7,000 TIOSs (Touch Interface Ordering Systems) to take food orders and payment. In America, Panera Bread will replace all of their cashiers with...
The Power of the Personal and the Temptation of the Planner
In his latest column, David Brooks examines the limits of data and “objective knowledge” in guiding or directing our imaginations when es to solving social problems. Using teenage pregnancy as an example, he notes that although it may be of some use to get a sense on the general drivers of certain phenomena, such information is, in the end, “insufficient for anyone seeking deep understanding”: Unlike minnows, human beings don’t exist just as members of groups. We all know people...
Tangled Immigration Laws Impede Help For Trafficking Victims
In the past few years, Americans have learned a lot about human trafficking. It’s increasingly encroaching into our cities, towns, neighborhoods. Many groups are working valiantly to bring victims out of trafficking situations, and help them e safe and productive members of society. However, U.S. immigration laws are getting in the way. Jennnifer Allen Jung, a immigrations attorney specializing in human trafficking cases, says are current laws are keeping many victims from stepping out of the shadows and getting help....
What Most People Get Wrong About Economics
I am not an economist. Truth be told, I only took one class in economics as an undergrad. However, I’ve learned a lot in the past few years, and one of the things I’ve learned is that most people don’t understand economics. Pascal-Emmanuel Gobry knows this as well, and explains it far better than I could. In today’s Forbes, Gobry breaks down the understanding of economics into two broad camps: the “productivist” view and the “creativist.” First, the productivist: pressed,...
The False Notion Of ‘Checking Your Privilege’
Students attending Harvard’s Kennedy School of Government have a new mandatory class: Checking Your Privilege 101. This is, in part, a response to the conversation started by Princeton’s Tory Fortgang, who wanted to be known by the content of his character rather than the color of his skin (which happens to be white.) Reetu Mody, a master’s degree student is thrilled by the Harvard’s new class and describes it thus: The substance of the training, while still under discussion, is...
Why Does No One Believe Extreme Poverty Has Declined?
Would you say that over the past three decades (since about the mid-1980s) the percentage of people in the world who live in extreme poverty — defined as living on less than $1.25 per day — has: A) Increased B) Decreased C) remained the same The right answer is B: extreme poverty has decreased by more than half. Yet according to a recent Barna Group survey more than eight in 10 Americans (84 percent) are unaware global poverty has reduced...
All Is Gift: Lessons in Stewardship from C.S. Lewis’ ‘Perelandra’
One of the primary themes in the Acton Institute’s new series, For the Life of the World, is the notion that “all is gift” — that we were created to be gift-givers, and that through the atoning power of Jesus Christ, we are empowered to render our activities, nay, our very livesto God and those around us. As Evan Koons explains at the end of Episode 1: “All our work in this world is made of stuff of the earth...
Profit Isn’t Enough: Could Our Economy Benefit From Catholic Social Teaching?
Is a “profit alone” mentality enough for a business or for a nation? If the economy is running well, should we bother to look any deeper, or just leave well enough alone? Carly Andrews, at Aleteia, says profit alone isn’t good enough, based upon a presentation that professors Alberto Quadrio Curzio and Giovanni Marseguerra made at a recent Vatican conference. The pair spoke primarily about three parts of Catholic social teaching that they believe would help the global economy. Examined...
Rise Up and Walk: Pursuing Justice Beyond Silver and Gold
John Teevan’s recent profile of Bob Woodson and the Center for Neighborhood Enterprise (CNE) reminded me of a profoundly impactful tour I took of George Wythe High School in Richmond, Va., which was led by Mr. Woodson as a case study of CNE success. The tour was part of a seminar with the DeVos Center for Religion and Civil Society, and was intended to showcase effective solutions to social problems. In this, it greatly succeeded, highlighting that any such solutions...
Calvin Coolidge on the Death of American Civilization
“The Power of the Moral Law” is the title of an address delivered by Calvin Coolidge at the Community-Chest Dinner in Springfield, Massachusetts on October 11, 1921. Published in The Price of Freedom, the text is only available online through Google Books. Coolidge’s main point in his remarks was to reinforce the truth that it is prosperity not grounded in a deeper meaning that threatens our American Republic. Displaying his conservative thought, he challenges materialism of government interventionists and reminds...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved