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 19, 2026 3:59 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
The Right’s Racial Suicide
Did conservatives betray their ideals? Or were they never ideal to begin with? Read More… “To be conservative,” wrote Michael Oakeshott, “is to prefer the familiar to the unknown, to prefer the tried to the untried, fact to mystery.” His definition of conservatism, not as a set of policy aspirations but as a deeper sensibility, explains the conservative respect for tradition and view of history as a source of norms—that’s the positive side. The negative side is that there are...
The Wheel of Time: A Postmodern LOTR?
The highly successful series of fantasy novels is slowly being adapted into TV entertainment. Is it heroic fantasy intended to instill moral courage in the face of evil, or merely more streaming content? Read More… The Wheel of Time is a series of 14 novels by Robert Jordan, which debuted in 1990. You may never have heard of them, but they’ve sold 100 million copies and add up to more than 4 million words. (The Bible is well short of...
The Constitution of the Fifth Republic at 65
Have the tensions between individual freedom of conscience and the principle of laïcité finally reached the breaking point? Read More… Nearly 20 people were killed in Paris during and immediately following the Islamist attack on satirical magazine Charlie Hebdo in January 2015. Then, in November of that same year, terrorists killed 130 and injured hundreds more in a series of coordinated attacks across Paris that included suicide bombers detonating explosives outside the Stade de France, indiscriminate shootings at crowded restaurants,...
Questioning Science after Darwin
David Berlinski has been provoking debate on a variety of subjects for decades. His new book is a sampler of his challenges to Darwinism, materialism, and the hubris of scientism. Read More… I can find no better way to summarize David Berlinski’s book Science After Babel than to say that it is classic Berlinski. The man himself defies a simple summary. He is a polymath and raconteur, as even his bio at the panying website explains. His Ph.D. in philosophy...
Are the Liberal Arts Elitist?
If our liberal arts colleges are to survive, they should try to instill an appreciation for rather than attempt the destruction of our cultural heritage. Read More… We have interesting classifications of our institutions of higher learning. The Carnegie classification of major research universities distinguishes between R1 and R2 schools. The well-known U.S. News & World Report Rankings separate national universities from regional ones, and also from national liberal arts colleges. Alongside the state university system, the Selective Liberal Arts...
On Constitution Day, Celebrate the Anti-Federalists
Attacks on the Constitution are popular these days, but a look at the original debates pro and con should reassure us as to what a gift it was and remains to the Republic. Read More… Constitutional questions used to be intellectually serious, steeped peting traditions, and shaped by schools of thought often rooted in divergent interpretations of the American past. No more. Now we get pressing questions like, “Can Trump run for president from prison?,” Congressmen asserting that “the Electoral...
Cities: An Engine of Progress and Civilization
When we think of cultural invention, human flourishing, and technological innovation, we tend also to think of great cities. A look at 40 of them proves instructive as to what makes true progress possible. Read More… What is progress? How and where does it occur? Such questions are not easy to answer. Debates about the nature of progress have given rise to entire theories of historical development. “Whig history,” for example, relates the story of humanity as one of a...
Sr. Mary Kenneth Keller: Computer Programming Innovator
Early in puting revolution, a Roman Catholic nun trudged away to make information retrieval available to all, proving that one hidden life can have many extraordinary public effects. Read More… Emerging from the vibrant and innovative postwar years, the nascent discipline puter science in America was attracting top talent in mathematics, engineering, putational linguistics. Several schools were creating puter science” programs by the 1950s and early ’60s. In fact, the first ever doctoral degrees in this emerging discipline were awarded...
Pushing Back Against the New Deal in Real Time
A new anthology of economists mentators pushing back against the New Deal in the 1930s sheds fresh light not only on what was going wrong then but what’s still wrong with our economic policy now. Read More… The American Institute of Economic Research has published an anthology of critics of the New Deal, New Deal plete with more than 50 mentaries and excerpts. The book is edited by contemporary economic historian Amity Shlaes, herself a prominent New Deal critic, whose...
Are We Free to Think About Free Will?
Are we predestined to debate the free will vs. determinism question forever? Or can we shed light on the nature of the human person such that this vexing question of why we do what we can finally be answered? Read More… Does God exist, or are we the mere by-products of evolution, simple accidents of the Big Bang? Do we have free will, or is everything predetermined, robbing us of true moral agency? A recent book by philosopher Paul Herrick,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved