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
Jul 31, 2026 6:20 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
Wringing Hands Over Dominionism
Michelle Goldberg has a column up at the aptly named Daily Beast letting us all know that we really need to worry about something called “Dominionism” which supposedly prevails among Michelle Bachmann, Rick Perry, and folks who support their campaigns. Reinhold Niebuhr once warned of the dangers of religious illiteracy. Here we have exhibit A. Goldberg claims Bachmann and Perry are “deeply associated” with this “theocratic strain” of Christian fundamentalism. Yes, they are probably so deeply associated with it that...
New Amsterdam Redivivus
As part of our ongoing engagement with the Protestant world, the Acton Institute has taken on the translation of Abraham Kuyper’s Common Grace, under the general editorship of Stephen Grabill and in partnership with Kuyper College. We’re convinced that renewed interest in the thought of Abraham Kuyper (1837-1920), and in fact rediscovering aspects of his thought that have been lost or misconstrued in the intervening decades, is critically important for the reconstruction of Protestant social thought. So it’s a big...
AP: International Aid Actually Worsens Somali Food Crisis
It’s terribly sad, but you just can’t make this stuff up: Thousands of sacks of food aid meant for Somalia’s famine victims have been stolen and are being sold at markets in the same neighborhoods where skeletal children in filthy refugee camps can’t find enough to eat, an Associated Press investigation has found. As much as half of the food aid going into Somalia is stolen and sold in markets. Militants that control of large parts of the country and...
Krugman: Aliens Worth More to Economy than Men and Women (VIDEO)
Paul Krugman made the mistake of over-sharing this past weekend when he told CNN’s Fareed Zakaria he thinks that the United States economy would benefit from a military build-up to fight made-up space aliens. He’s been defended as being fed up with Republican obstructionism, being desperate to make a point, or even being wholly pletely correct. He’s entirely wrong though, and his thinking (what there is of it) is an example of the kind of depersonalized economics that has cost...
Progressive Boot Firmly Planted on Ranchers’ Throats
More than a billion dollars has already been pledged to relieve victims of the drought-turned-famine ravaging the Horn of Africa. The stricken countries—Somalia in particular—do not have the technology and the infrastructure to deal with a major drought, and so in what is ing a regular occurrence, the West is stepping in with aid. Meanwhile back at the ranch, Texas and Oklahoma are suffering record droughts that are wiping out crops and taxing cattle businesses. Ranchers cannot rely on the...
Another Run at the “Dominionism” Meme
In my last post, I rejected the contention by Michelle Goldberg and others that evangelical leaders such as Michelle Bachmann and Rick Perry are significantly influenced by the aims of the tiny Christian Reconstructionism movement. I tried to make the point that CR has a negligible political influence on evangelicals and that it is not honest to view evangelical office holders and candidates in the light of CR’s aims. The entire thing, I think, is a tar baby sort of...
Religions’ reactions to financial realities
John Baden, chairman of the Foundation for Research on Economics & the Environment in Bozeman, Mont., wrote a column for the August 19 Bozeman Daily Chronicle about the Circle of Protection and Christians for a Sustainable Economy and how each has formulated a very different faith witness on the federal budget and debt debate. Baden says that the CASE letter to President Obama is “quite remarkable for it reads like one written by respected economists and policy analysts.” I attended...
TV Bias Book Not Ready for Primetime
My contribution to this week’s Acton News & Commentary: TV Bias Book Not Ready for Primetime By Bruce Edward Walker Reading Ben Shapiro’s Primetime Propaganda: The True Hollywood Story of How the Left Took Over Your TV is similar to time traveling through the pages of a TV Guide. Dozens of television series from the past 50 years are dissected through Shapiro’s conservative lens – or, at least, what passes for Shapiro’s brand of conservatism – to reveal his perception...
Work As Worship
Do you view the work you do each day as worship, or is it something you do to pass the time or merely collect a paycheck? Remember work is not only the actions you perform to obtain a pay check, but includes any action “people do to earn a living.” Signs indicate that evangelical practice is entrapped in a dangerous snare of limitation placence. By placing almost sole emphasis on Bible study, worship attendance, and giving/tithing — the churchly aspects...
World Youth Day: Pope talks profits and people
On his flight to World Youth Day in Madrid this morning, Pope Benedict XVI responded to a question about the current economic crisis. Not sure what the question was, but the well-respected Italian Vatican analyst Andrea Tornielli captured the reply. Here’s my quick translation of the Pope’s answer: The current crisis confirms what happened in the previous grave crisis: the ethical dimension is not something external to economic problems but an internal and fundamental dimension. The economy does not function...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved