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
Dec 13, 2025 7:28 PM

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
Sirico on Russell Kirk and populism
On November 15, Acton President and co-founder Rev. Robert Sirico participated in a panel conversation to not only honor the centenary of Russell Kirk’s birth but as well discuss the rise of populism in the United States and abroad. The event was held at the Jack H. Miller Auditorium at Hope College, Holland, Mich. The panel also included John O’Sullivan, editor-at-large of National Review; Jeff Polet, professor of political science at Hope College; and Kathryn Jean Lopez, senior fellow at...
RFA Redux: David LaRocca on Brunello Cucinelli’s new philosophy of clothes
On thisepisode of Radio Free Acton, we revisit a previous RFAinterview with David LaRocca: a philosopher, author, and filmmaker who has released a documentary on Italian fashion designer and entrepreneur Brunello Cuccinelli. Cucinelli has built a pany by creating high-quality apparel, but more interesting than that is the philosophy that undergirds his business and all of his life. Check out these additional resources on this week’s podcast topics: Learn more about Brunello Cucinelli Learn more about David LaRocca Watch the...
Home to Bethlehem
Although the word nostalgia can be used to express a bittersweet longing for some pleasant remembrance of one’s past, it is safe to say that this is the time of the year when it is virtually unavoidable to drift into a sustained sense of nostalgia and where its experience is most intense. This is a time when our minds go back to a younger version of ourselves: to the sights and the sounds and the smells of our mothers’ kitchens,...
3 reasons France’s ‘yellow vest’ protests are moral (and 2 reasons they’re not)
French highways found themselves clogged with indignation during the fifth week of the gilets jaunes (“yellow vest”) protests. How should Christians think about these demonstrations? Are their means and ends moral or immoral? Background The leaderless grassroots uprising originally targeted the massive carbon taxes levied on gasoline and diesel in order to reduce carbon emissions and “nudge” the public to purchase electric vehicles. French environmentalist policy caused gasoline costs to rise as high as $7 a gallon in Paris....
John Bolton unveils new Trump Administration Africa policy; Joel Salatin on how past practices harmed Africa
On December 13, National Security Advisor John Bolton delivered an address at the Heritage Foundation in Washington, D.C. unveiling the Trump Administration’s new approach to relations with Africa. Part of the revised approach includes re-focusing US Aid efforts away from traditional government-to-government aid, and placing an increased focus on fostering private economic growth and governmental transparency. Acton has been speaking about the problems with foreign aid programs for many years; here we feature a portion of an interview conducted in...
The way of the manger: How the incarnation transforms work into witness
“Our Lord was not predestined by his Father to birth where we might have expected him…He was born, by divine design, into a laboring man’s dwelling…Our Lord precedes understanding with doing. He sets the way before the truth.” –Lester DeKoster and Gerard Berghoef With each passing holiday season, we see the sudden manifestation of an underlying cultural dualism, with gift-givers either over-indulging in the material stuff or feverishly guarding their spirits and souls from the cold grip of consumerism. Yet...
Scratching our way back from World War I
This year witnessed the memoration of the respective births of two champions of Christian thought and human liberty, Russell Kirk and Aleksandr Solzhenitsyn. Both men were born coincidentally in the same time frame – October and December 1918 respectively – in which the “war to end all wars” ceased. The ensuing years, however, gave lie to that assessment – worse, far worse, was on the horizon. But the First World War was the moment the fragile crockery of Western civilization...
Aleksandr Solzhenitsyn: The writer who destroyed an empire
In December, the PowerBlog is marking the centenary of Aleksandr Solzhenitsyn’s birth (Dec. 11, 1918) At the NewYork Times, Solzhenitsyn biographer Michael Scammell says the Russian novelist and historian “did more than anyone else to bring the Soviet Union to its knees.” For his critical approach to Soviet life, Solzhenitsyn was evicted from the state-sponsored Writers’ Union and became a virtual outlaw in his own country. But he was far from alone. Many talented and independent writers — Varlam Shalamov...
Explainer: What you should know about the latest criminal justice reform bill
What just happened? Yesterday the U.S. Senate passed an overhaul of the criminal justice system known as the FIRST STEP Act. The vote of 87 to 12 included all Senate Democrats and dozens of Republicans. The Act was approved earlier this year by the House by a vote of 360-59 vote, including 134 Democrats. President Trump has signaled that he will sign the bill into law. The legislation was also supported by a number of faith-based groups, such as Prison...
Edmund Burke and the importance of natural law
As conservatives consider how to approach issues such as free trade, populism and the role of the market, it’s helpful to look back to foundational thinkers who paved the way for conservatism. “One such ongoing discussion among conservatives concerns natural law’s place in conservative thought,” says Acton’s Director of Research, Samuel Gregg, in a new article published by Law and Liberty. Natural law was central to the ideas of the eighteenth-century political thinker Edmund Burke, driving him to stand against...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved