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 10, 2026 1:28 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
Changing The World For Girls One Tree At A Time
In many parts of the world, the deadliest words are, “it’s a girl.” Abortion and infanticide mon when those words are heard. If the girl manages to live, she is considered a burden and/or a slave. One region in India is changing this attitude. Villages like Piplantri in Rajasthan state of India have a story quite different from the more popular, abused and ill-treated ‘India’s daughter’. Here, every time a girl child is born, 111 trees are planted in celebration...
Pizza, Pluralism, and the Rise of the Conformity Mob
Amidst the hubbub surrounding Indiana’s Religious Freedom Restoration Act, the owners of Memories Pizza, a local family-owned restaurant, have been the first to bear the wrath of the latest conformity mob. We knew e, of course. “They” being fresh off the sport of strong-arming boutique bakeries and shuttering the shop doors of grandmother florists(all in the name of “social justice,” mind you). The outrage is rather predictable these days, and not just on issuesas hot and contentious as this. pany...
The Partisan Social Gospel is Creating Empty Mainline Churches
Twenty years ago, mainline Protestant denominations supported legislation that protected religious freedoms. Today, those same denominations have decided that advancing the sexual revolution is more important than defending the conscience of their fellow Christians. In an op-ed for the Washington Times, Nicholas G. Hahn III notes how churches that join in sexual-revolution politicking are finding they are preaching to empty pews: This kind of sexual-revolution politicking leaves almost no room for prayer, and offers the faithful little more than what...
How Much Profit Do You Think Corporations Earn?
“Someday this will all be yours,” I said, waving my hand across the aisles of the Piggly Wiggly. I was trying to ingratiate myself with my boss, the general manager for the biggest grocery store in Clarksville, Texas. He just smirked and shook his head. “For every dollar in sales, how much do you think this stores earns in profit?” At the time I was taking high school economics and considered myself something of a financial savant because I knew...
How Minimum Wage Laws Are Like Geocentrism
Geocentrism was the belief that the sun, the planets, and all the stars revolve around the Earth. The alternative view—heliocentricism—had been around since the 3 BC but was not taken seriously until the 16th century AD. What seems obvious to us now was a matter of heated debated for almost two thousand years. EconomistDon Boudreaux says theminimum-wage debate in economics is rather like the reverse of this debate that took place centuries ago among astronomers. In astronomy, the standard, mistaken...
Video: Rev. Robert A. Sirico Discusses Religion and Demographics on Cavuto
Acton Institute President and Co-Founder Rev. Robert A. Sirico was a guest this afternoon on Your World With Neil Cavuto on the Fox News Channel to discuss new research that indicates declining mitment in the United States and growing Muslim populations worldwide, with the projection that Muslims will outnumber Christians by 2100. The full interview is available via the video player below. ...
Russian Bishop: Western Powers Share Blame for Middle Eastern Christian Genocide
HilarionIn a March 29 discussion on Russian TV with a government official, Metropolitan Hilarion of Volokolamsk decried the attacks against Christians in the Middle East and North Africa, describing these attacks as a genocidal campaign that until recently in international forums and mass media have been “hushed up as if non-existent; it was simply ignored.” The director of external relations for the Russian Orthodox Church said in the interview that “now we have found ourselves in a situation when the...
Entrepreneurial Stewardship: Employees Share Millions After Company Sold
J.C. Huizenga Photo from Mlive Employees of the Huizenga Automation Group got a great surprise earlier this week. According to Mlive, after selling pany, owner J.C. Huizenga gave away $5.75 million in bonuses to his employees at two panies that were part of the Automation Group. Huizenga acknowledged that his success was due to the work of his employees so he wanted to share his profits with them: “We all worked together at J.R. Automation and Dane Systems” and panies...
Unemployment as Economic-Spiritual Indicator — March 2015 Report
Series Note: Jobs are one of the most important aspects of a morally functioning economy. They help us serve the needs of our neighbors and lead to human flourishing both for the individual and munities. Conversely, not having a job can adversely affect spiritual and psychological well-being of individuals and families. Because unemployment is a spiritual problem, Christians in America need to understand and be aware of the monthly data on employment. Each month highlight the latest numbers we need...
Freely He Gave: Cornelis Vonk on Good Friday
In his newly translated primer on the book of Matthew, Reformed pastor Cornelis Vonkwritespowerfully aboutthe monumental moment of Jesus’ death. Summarizing the heart of the Gospel and its profound implications for human freedom, Vonkreminds us of the lasting power of God’sincredible sacrifice. “Death did not e Jesus,” Vonk writes, “for he was so willing to lay down his life himself.” Shortly before dying, Jesus is forsaken by God. This happened when, in addition, an hour-long darkness had spread across the...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved