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 9, 2026 7:11 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
‘Pro-Consumption and Pro-Environment’
Saleem H. Ali, a ‘pro-consumption environmentalist’ at the University of Vermont “argues that sometimes a nation has to extract a nonrenewable resource like oil, or tricky-to-recycle metals and gems, in order to leapfrog from dire poverty to a more diversified economy.” “Money from oil wealth can be used to invest in other sectors. And that in turn can yield sustainable development,” Ali says. Awhile back I sketched very briefly a view of the theological purpose of fossil fuels. On this...
Acton Commentary: Marxism’s Last (and First) Stronghold
mentary on Western Europe’s fascination with Marxist symbolism was published today on the Web site of the Acton Institute. Excerpt: Marxism, we’re often told, is dead. While Communism as a system of authoritarian power still exists in countries like China, Marxism’s contemporary hold over people’s minds, many claim, is pared to its glory days between the Bolshevik seizure of power in Russia in October 1917 and the Berlin Wall’s fall twenty years ago. In many respects, such observations are true....
Stewardship, Soulcraft, Work, and Eternity
In what deserves to be considered a modern classic, Lester DeKoster writes on the relationship between work and stewardship. These reflections from God’s Yardstick ought to be remembered this Labor Day: The basic form of stewardship is daily work. No matter what that work may be. No matter if you have never before looked upon your job as other than a drudge, a bore, a fearful trial. Know that the harder it is for you to face each working day,...
What Can the Church Do?
Ron Sider: “If American Christians simply gave a tithe rather than the current one-quarter of a tithe, there would be enough private Christian dollars to provide basic health care and education to all the poor of the earth. And we would still have an extra $60-70 billion left over for evangelism around the world.” Jim Wallis: “I often point out that the church can’t rebuild levees and provide health insurance for 47 million people who don’t have it.” ...
Health Care and ‘Rights’ Talk
I’m ing more and more convinced that the talk of health care as a ‘right’ is so vague as to border on willful and culpable obfuscation. I certainly advocate a rich plex description of ‘rights’ talk, such that simply calling something a ‘right’ doesn’t end the ethical or political discussion. Some ‘rights’ are more fundamental and basic than others, and various ‘rights’ require things of various actors. But when it is asserted that access to health care is a ‘right,’...
Acton Commentary: Too Much Government Makes Us Sick
I take a look at the way corn subsidies skew our eating habits — and not always for the good of our health — in this week’s Acton Commentary. Excerpt: Government policy-makers regularly prove themselves to be unwise decision-makers by continuing to introduce arbitrary agricultural price distortions that create incentives for producing unhealthy food through farm subsidies. Perhaps the most effective national health care initiative moving forward would be allowing markets to function so that people can make better food...
The Health Care Ad ABC Won’t Run
ABC is refusing to air a national ad by The League of American Voters, featuring a neurosurgeon asking the question, “How can Obama’s plan cover over 50 million new patients without any new doctors?” ABC justified the decision by pointing to a long-standing policy against running mercials. Dick Morris, a onetime advisor to former President Bill Clinton and chief strategist for the League of American Voters, called the ABC decision “the ultimate act of chutzpah.” As he explains: “ABC is...
Speaking Truth to School Children
On the weekend I read the text of the talk Barack Obama gave on Tuesday to a public school in Virginia and through the medium of technology to students throughout the nation who wished to see and hear him on their school televisions. I think of Ray Bradbury’s story “Fahrenheit 451” and plasma walls at times like these. I’ve written over the years as have others on the errors of having a Federal Department of Education and the Obama speech...
Health Rationing for the Greater Good
[UPDATE BELOW] I discussed the creepy side of President Obama’s “science czar” here. But there are more creepy things in the cabinet. The Wall Street Journal reports that the president’s health policy adviser, Dr. Ezekiel Emanuel, wants to implement an Orwellian-sounding plete lives system,” which “produces a priority curve on which individuals aged roughly 15 and 40 years get the most substantial chance, whereas the youngest and oldest people get chances that are attenuated.” The WSJ piece continues: Dr. Emanuel...
Caritas in Veritate: The Truth about Humanity
I’ve begun a series of articles that take a close look at Pope Benedict’s new social encyclical, Caritas in Veritate. In this first article, which focuses on the opening chapter, I examine the moral realism of this pope, a realism that transcends the easy categories of politics and social theory. [Benedict’s] theory about Truth is not his own, but the traditional teaching of the Church, as es to us from the Apostles and as it has been safeguarded and interpreted...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved