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 29, 2026 1:02 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
Big Government’s Belongings?
Last night, there was a moment at the Democratic National Convention in Charlotte that may have alarmed some. The line from a video produced by the host city of Charlotte, declared, “government is the only thing we all belong to.” While some have simply used the line as a reference point for partisan purposes, it needs to be widely discussed. I have to admit I found the words profoundly disturbing. Not because I blame Democrats as a whole but rather...
Dalrymple: British aid to India only fuels corruption
You have to hand it to Theodore Dalrymple: he doesn’t mince words. In an August 2012 piece in The Telegraph, Dalrymple let it be known that British plans to continue international aid to India are a, well…bad idea: …our continued aid to India is nevertheless a manifestation of the national administrative, mental and ethical torpor, as well as petence and corruption, that is leading us inexorably to economic and social disaster. It is high time we stopped such aid, and...
On Call in Culture Skills Review
Over several weeks we have been talking about the skills we need to develop as we are On Call in Culture; a Kingdom-focused memory, storytelling (which involves observation and reflection), and vulnerability. Each one plays an important part of us making an impact on our culture as God works through us daily. We have also provided resources to help you develop each skill. In “My Mind in God’s Hands” we thought about focusing our minds on Kingdom values so our...
Human Work as the Center of Catholic Social Teaching
Margarita A. Mooney considers how personalism has influenced the development of Catholic social doctrine: When people think of Catholic social teaching the first thing es to their mind may be the call to charity or solidarity with the poor, as exemplified by Mother Teresa of Calcutta. However, Gregg contends that for Wojytla/John Paul II, a proper understanding of human work is central to all Catholic social teaching. So what does John Paul II’s Laborem Exercens say about human work? I...
Recessions and Recoveries
StanfordeconomistsRuss RobertsandJohn Taylor offer a helpful discussion potential GDP, recessions, and recoveries. parison of previous recession/recovery cycles to the most recent one helps to illuminate just how unusual (read: terrible) our current recovery has been. (Via: Cafe Hayek) ...
A Chair Fit for a King
Gideon Strauss, my friend and sometime debate-partner, is the executive director of the Max De Pree Center for Leadership at Fuller Theological Seminary, and this week marks the launch of the center’s Fieldnotes magazine, which aims to “provide examples and stories and practical wisdom from men and women who are intensely involved in the day-to-day work of managing businesses, non-profits, churches, and other organizations.” In his introduction to Fieldnotes, Strauss invokes the powerful image of sitting in a chair as...
ResearchLinks – 08.31.12
Conference: “Global Commodities: The Material Culture of Early Modern Connections, 1400-1800” Global History and Culture Centre – University of Warwick – 12-14 December 2012. This International conference held at the Global History and Culture Centre of the University of Warwick seeks to explore how our understanding of early modern global connections changes if we consider the role material culture played in shaping such connections. In what ways did material objects participate in the development of the multiple processes often referred...
The Problem of Political Messianism
Messianic claims and expectations about politicians are problematic whether e from the left or from the right, says Ray Nothstine. In his speech at the John Locke Foundation, Nothstine discusses the problems associated with political messianism in American politics. Click here to watch a video of the entire speech. ...
Food Stamps Use At All-Time High
Sign of the times of the day: Food-stamp use reached a record 46.7 million people in June, the government said, as Democrats prepare to nominate President Barack Obama for a second term with the economy as a chief issue in the campaign. [. . .] Food-stamp spending, which more than doubled in four years to a record $75.7 billion in the fiscal year ended Sept. 30, 2011, is the U.S. Department of Agriculture’s biggest annual expense. Republicans in Congress have...
Are slums ever good?
It doesn’t seem that anyone would WANT to live in a slum. But that is not necessarily true, according to Charles Kenny of Foreign Policy. In fact, for many of the world’s poor, a slum can offer opportunities and services not available in rural areas. Across the world today, thanks to vaccines and underground sewage systems, average life expectancies in big cities are considerably higher than those in the countryside; in sub-Saharan Africa, cities with a population over 1 million...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved