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
Mar 26, 2026 2:34 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
Great news: Even ‘socialists’ love the free market (poll)
A Gallup poll released Monday made headlines: “Four in 10 Americans Embrace Some Form of Socialism.” However, the headline could have read, “Seven in 10 Americans reject the central premise of socialism.” When Gallup asked if “some form of socialism” would be “a good thing or a bad thing,” 41 percent said it would and 52 percent said it would not. However, the public’s response to an ill-defined “socialism” reveals less than a more detailed question buried deeper in the...
Alejandro Chafuen in Forbes: Xi Jinping’s ‘New Long March’
Alejandro Chafuen, Acton’s Managing Director, International, writes today in Forbes of the growing trade war between the United States and China. Chinese president Xi Jinping recently characterized the road ahead as a “new Long March,” in a reference to Mao Zedong’s legendary strategic retreat from Chiang Kai-Shek’s nationalist forces in 1934. Chafuen offers his take on the two sides in this “war,” as well as on possible es and effects. Xi Jinping has proclaimed to the Chinese that they should...
Rev. Ben Johnson on ‘Donald Trump’s one-front trade war’
In the U.S. edition of The Spectator, Rev. Ben Johnson looks at how President Donald J. Trump eased tariffs on North American and European trade partners so he could ratchet up pressure on China. Yet the Acton Senior Editor offers this caution: “In a trade war, most casualties are self-inflicted.” More: … Trump is poised to impose a 25 percent tariff on virtually all $535 billion of Chinese imports. Varas estimates that the tariffs on Chinese steel will cost US...
The case for capitalism
In preparation for the 2020 presidential elections, democratic candidates are playing by an increasingly progressive rule book: which candidate can promise the most (supposedly) free stuff? Sen. Elizabeth Warren has announced plans to forgive two and four-year college debt by raking in $640 billion from “ultra millionaires.” Sen. Kamala Harris wants e renters to receive billions in tax credits in addition to further Medicare expansion. South Bend, Indiana Mayor, Pete Buttigieg, recently added climate change proposals to his platform, promising...
Unseen wonders: Man’s creative power and the sacramentality of nature
When I lived in Rome I taught a religious education class for a year, preparing kids for their first Communion. When they found out I was American, some of them were confused as to why I e all the way across the Atlantic to study in Italy. In response I tried to point out that while they were used to the beauty of Rome, the closeness of the Pope, and all the rest, for those of us who didn’t grow...
Adam Smith shows how sympathy makes life more satisfying
The eighteenth century British economist Adam Smith helps with moral challenges, especially in work and employment, says Daniel B. Klein of the American Enterprise Institute. Smith inspires the individual to make a useful and satisfying place for himself in society by contributing. Competence is key, adds Klein, and Smith shows the petence is in sympathy. The individual petence in sympathy to find his own life satisfying. As a moral counselor, Smith helps the worker and the employer: By “sympathy” Smith...
Acton Line podcast: Lessons on tyranny from Game of Thrones; Poverty and alienation in China
On this episode of Acton Line, Jordan Ballor and Tyler Groenendal break down the last season of Game of Thrones, discussing positive and negative aspects of the show as well as lessons on the role of government and the danger of power. Afterwards, Caroline Roberts speaks with Li Ma, senior fellow at the Henry Institute, about Ma’s book The Chinese Exodus. Ma explains how the current economic system in China drives agricultural workers to the city, setting them on a...
Game of Thrones and the judgment of history
This week’s episode of Acton Line features a conversation about Game of Thrones with Tyler Groenendal and me. I won’t try to make the case that the show is salutary viewing. Having read the books and then, with some hesitancy, having watched the show, I can say with some confidence that you can certainly get by (and may well be better off) without consuming (or discerning) this element of popular culture. A great conversation could and should be had about...
Getting the Reagan Revolution right
“In the eyes of Ronald Reagan, I saw sparks of hope,” said the old Leninist Mikhail Gorbachev, the last leader of the Soviet Union, about the man who became a conservative legend. Gorbachev was not alone in his assessment. Historian Paul Johnson — who knew Reagan personally — wrote that even those who profoundly disagreed with him, could not help but like him. Reagan’s charm and charisma is undisputed, but there was something more to the man that is hard...
7 Figures: U.S. school districts spending per pupil
Earlier this week the U.S. Census Bureau released a report that reveals how much U.S. school districts spend per pupil. Here are seven figures from the report you should know: 1. The amount spent per pupil for public elementary and secondary education (prekindergarten through 12th grade) for all 50 states and the District of Columbia increased by 3.7 percent to $12,201 per pupil during the 2017 fiscal pared to $11,763 per pupil in 2016, according to new tables released today...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved