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
Sep 6, 2026 4:18 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
What an Olympic Swimmer’s Choice Tells Us About Capitalism
The legal institutions of capitalism exist not to advance any particular purpose, says Robert T. Miller, but to facilitate the advancement by individuals of their various, often conflicting purposes: As this article in the Wall Street Journal explains, Missy Franklin, a seventeen year-old from Colorado who won the gold medal in the 100-meter backstroke last week, has steadfastly refused lucrative endorsement contracts. Why? Because she wants to preserve her amateur status so that she can petitively in college. In other...
Education and Incentives
I have written on several recent occasions about the role of incentives in education, both for teachers and for students (see here, here, and here). Yesterday, David Burkus, editor of LDRLB, wrote about a recent study by Harvard University economic researchers on the role of incentives in teacher performance. Interestingly, they found that incentives (such as bonus pay) are far more effective if given up front with the caution that they will need to be returned if the teacher’s performance...
Lawlessness Keeping India in the Dark
Earlier this month, India experienced the worst blackout in global history. Over 600 million people—more than double the number of people in the U.S. and nearly one in 10 people in the world—were left without power. The crisis highlights the fact that corrupt governance and lawless institutions can keep even an entrepreneurial people in the dark: Along with a lack of investment in infrastructure, the crisis also had roots in many of India’s familiar failings: the populist tone of much...
Who Shoulders Jonah Lehrer’s Guilt?
Jonah Lehrer’s recent firing from the New Yorker prompted The Wrap’s Sharon Waxman to author a wrongheaded apologia for the disgraced scribe. Waxman notes that, ultimately, Lehrer engaged in unethical conduct, but places the onus of his misdeeds on those who purchased his shoddy work. The 31-year-old Lehrer, you see, manufactured quotes from whole cloth, freely lifted whole paragraphs from previous self-authored pieces and lied about both when confronted by reporters. Lehrer was fired and his promising career in journalism,...
Irony of Ironies: Samuel Gregg on Vatican II and Modernity
Samuel Gregg, Acton’s Director of Research, has an article in Crisis Magazine entitled ‘Irony of Ironies: Vatican II Triumphs Over Moribund Modernity‘. Challenging the incoherence of modern thought, Gregg remarks Another characteristic of late-modernity is the manner in which moral arguments are increasingly “settled” by appeals to opinion-polls, choice for its own sake, or that ultimate first-year undergraduate trump-card: “Well, I just feel that X is right.” For proof, just listen to most contemporary politicians discussing the ethical controversy of...
Another Reason We Can’t Afford the Affordable Care Act
In addition to internal logical inconsistencies which raise serious concerns of long term economic sustainability regarding the Affordable Care Act (ACA), recently analyzed by John MacDhubhain, Robert Pear reports in the New York Times over the weekend how confusion over certain ambiguities in the law (ironically over the meaning of the word “affordable”) would end up hurting some of the people it is precisely designed to help: working class families. Pear writes, The new health care law is known as...
The Strength in Checking In
As an older teen and early twenty-something I hated checking in. I thought telling others where I was or what I was up to was a sign of dependence and immaturity. In my invincible state of mind, I did not see the dangers and pitfalls of pletely on my own. I saw our natural human need to look out for each other as a weakness and not the strength that it is. Allowing others a window into our lives by...
PovertyCure Wins 2012 Templeton Freedom Award
PovertyCure, an educational initiative of the Acton Institute, has won a 2012 Templeton Freedom Award for its contributions to the understanding of freedom in the category of “Free Market Solutions to Poverty.” From the website: Acton Institute, United States The US based Acton Institute has won a 2012 Templeton Freedom Award for their PovertyCure educational initiative. PovertyCure advocates moral free enterprise as the key to authentic and permanent poverty elimination. PovertyCure has already had a tangible impact on the poverty...
Miller on ‘Christ and the City’
Acton Research Fellow and Director of Media Michael Matheson Miller will be featured on Christopher Brooks‘ “Christ and the City” radio program this evening at 5:00 p.m. EST. Brooks is the pastor of a Detroit church and his program, which airs from 4 – 6 p.m., addresses matters of faith from a variety of perspectives. Miller will be joining the program to discuss PovertyCure, an Acton educational initiative, and the PovertyCure team’s recent trip to Haiti. Follow this link to...
Cincinnati’s Promising Teacher Evaluation Method
Last week, mented on Grand Rapids Public Schools’ new attendance policy and Michigan’s tenure reform bill. To summarize, while applauding GR Public’s new policy as effectively incentivizing students to show up to class and take their studies more seriously, I was skeptical about MI’s new bill which ties teacher evaluations to student performance. In their article “Can Teacher Evaluation Improve Teaching” in the most recent issue of EducationNext, Eric S. Taylor and John H. Tyler share the results of their...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved