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
Jun 25, 2026 6:31 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
Should the U.S. abolish the Electoral College?
The Electoral College met on Monday to cast the decisive votes in the 2020 presidential election. This year’s vote was not without controversy, a reality that has engulfed the constitutionally mandated election system since its founding. To further undermine the institution, this year Colorado voted to join the National Popular Vote Interstate Compact, an end-run around the Electoral College that includes a total of 15 states and the District of Columbia. Should the quadrennial rite of electors selecting our president...
Who is Xavier Becerra, Joe Biden’s HHS nominee?
Joe Biden frequently says that he “seeks not to divide, but unify” Americans. But his announcement that he would like California Attorney General Xavier Becerra to lead the Department of Health and Human Services undercuts that sentiment. Xavier Becerra has repeatedly demonstrated how unsuitable he is for the job of overseeing Americans’ healthcare. He has said the disastrous Affordable Care Act is a good start, but not a sufficient government intervention into healthcare. He has shown himself hostile to religious...
Jimmy Lai faces life in prison under new ‘national security law’ charges
Chinese Communist authorities have levied new charges against Jimmy Lai, which could result the outspoken Catholic dissident spending the rest of his life in prison. On Friday, authorities formally charged the Hong Kong media tycoon with violating its restrictive“national security law.” “After in-depth investigation by National Security Department of Hong Kong Police, a 73-year-old man was charged with an additional offense of ‘collusion with a foreign country or with external elements to endanger national security,’” Hong Kong police announced via...
Entrepreneurship boom: COVID-19 is spurring new start-ups
In the early months of the COVID-19 pandemic, more than 22 million Americans lost their jobs, effectively reversing several years of economic growth. This would mark the beginning of a “two-track recovery” that is increasingly divided between those whose livelihoods remained safe and secure and those whose industries or enterprises have been thoroughly upended. As governments moved to shut down key sectors of the economy last spring – promoting a series of strange dichotomies about “essential” vs. “non-essential” work –...
Checks and balances were built for today
First, a truism: Checks and balances are at the foundation of our national government. Second, a cliché: The U.S. is increasingly polarized. Combining these two, mentators have been eager to forecast the end of checks and balances in a time of political jockeying. But they misunderstand the very aim of checks and balances. For instance, according to one op-ed in the New York Times, “Democratic institutions function only when power is exercised with restraint. When parties abandon the spirit of...
Chinese Communist ‘Gospel’ teaches that Jesus killed a woman
China’s Communist government has given the world another example of how socialism is patible with Christianity, literally chapter and verse. A Chinese textbook teaches students that Jesus Christ stoned a woman to death while admitting that He is a sinner. China’s besieged Christian population says the government has twisted the Gospel in an effort to convince young people to obey edicts handed down by the Chinese Communist Party. The offending passage appears in a textbook intended to teach law and...
Walter Williams’ Legacy
On Sunday, December 25, 2011, at 10:55 a.m., I received an email from Walter Williams. I couldn’t believe it. The email simply read, “Does this work for you? Good luck.” It was an endorsement of my book on Thomas Sowell. It was one of the best Christmas gifts I have ever received. I was deeply honored to receive an endorsement from “the” Walter Williams, and to be exchanging emails with one of my intellectual heroes was the icing on the...
The heart of demographic decline: Why ‘pro-family’ policies won’t save us
In his 2013 book, What to Expect When No One’s Expecting, Jonathan V. Last warned of the ing demographic disaster,” pointing to America’s recent dip below replacement-level fertility. Today, the rate of decline still shows little sign of slowing, driven by plex “constellation of factors” that range from genuine blessings, to “problems of plenty,” to idols of choice and convenience. No matter how we parse the patchwork of potential causes, Last concludes that “there is something about modernity itself that...
FAQ: What is Hanukkah?
Hanukkah, the Jewish Festival of Lights, runs from the evening of Thursday, December 10 until Friday, December 18, 2020. Here is what you need to know. What is the history of Hanukkah? Hanukkah is the Hebrew word for “dedication,” and the holiday celebrates the rededication of the Jerusalem Temple after pagan desecration. The Syrian ruler Antiochus IV Epiphanes captured the Second Temple in Jerusalem in 168 B.C. and dedicated it to the worship of Zeus. To add insult to injury,...
Conservatives should not endorse Joe Biden’s family leave policy
President-elect Joe Biden is expected to support federal paid leave benefits for employees. Whether such an agenda can go through with a Republican Senate is questionable. That is unless, Democrats get the help from some misguided conservatives, who have been pushing their own version of paid leave under the illusion that the government could somehow get involved in this area of our lives without growing the size and scope of government. Let’s review what’s at stake here, since the arguments...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved