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 20, 2026 3:07 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
Does Acts 2-5 teach socialism?
“The early church was socialist.” Talk about economics and the church and you’ll eventually hear a Christian make that claim. The idea that the early chapters of the Acts of the Apostles supports the idea that Christians should be socialists is an oft-repeated as if it were both obvious and true. But is it? Art Lindsley explains why those passages do not pertain to socialism: Does Acts 2-5 mand socialism? A quick reading of these four chapters might make it...
Thomas Sowell on poverty, politics, and the origins of prosperity
“The mundane progress driven by ordinary economic and social processes in a free society es dramatic only when its track record is viewed in retrospect over a span of years.” –Thomas Sowell In a recent edition of mon Knowledge, economist Thomas Sowell discusses his latest book, Wealth, Poverty, and Politics, which provides prehensive argument for the origins of prosperity. “There’s no explanation needed for poverty. The species began in poverty,” Sowell says. “So what you really need to know is...
Did the unemployed give Trump his new job?
When you hear reports on the unemployment rate it’s usually a single number. For example, in October that number was 4.9 percent. But that single number is the national average, and can conceal a wide range at the state and local level. For instance, in September South Dakota and New Hampshire had the lowest rates in the country—2.9 percent—while six states (Nevada, Mississippi, West Virginia, Louisiana, New Mexico, and Alaska) all had rates that were twice that number. Not surprisingly,...
Brexit: national borders, democracy, jurisdiction
In a recent article for The Telegraph, Sir Roger Scruton discusses the importance of national borders in Europe and the threat that the EU poses to them. He explains how religion once united Europe but since religion began to fade in the 17th century, territory took over as the principle that Europeansturn to in order to find unity. Scruton says this: European civilisation has been steadilyreplacing religion with territory as the sourceof political unity. The process began in the 17th...
Washington showdown looms over Ex-Im Bank and cronyism
Sen. Lindsey Graham, Republican from South Carolina, wants to change the rules of one of the biggest crony capitalist organizations in Washington. He wants to make it easier for the Export Import Bank to dish out large amounts of corporate welfare panies such as Boeing, which already brings in revenues upward of $95 billion per year. USA Today reported in a recent article that “Graham, as chairman of the Senate Appropriations mittee that funds foreign operations, has added a provision...
Garnett on the future of religious liberty
What is the future of religious liberty?Religious Freedom Restoration Act (RFRA) type laws, says Richard Garnett, a law professor at the University of Notre Dame. In any society where there is (a) religious and moral diversity and (b) an active, regulatory welfare state, there will — necessarily — be conflicts and tensions between (i) duly enacted, majority-supported, generally applicable laws and (ii) some citizens’ religious beliefs and exercise. What Justice Jackson called “the uniformity of the graveyard” is not an...
What are ‘transatlantic’ values?
President Barack Obama and German Chancellor Angela MerkelPresident Barack Obama and German Chancellor Angela Merkel held their last joint press conference as heads of state on Thursday, pressing national leaders – in President Obama’s words – “not to take for granted the importance of the transatlantic alliance.” And they grounded that longstanding partnership on their conception of the bedrock principles that they believe unite North America and the EU. mitment of the United States to Europe is enduring and it’s...
Graft and bribery are big government’s byproducts: EU studies
The nation of Spain is prosecuting 37 people – including former officials in the ruling center-Right party – for steering government contracts to their politically connected friends. It will not help the defensethat thesuspects gave themselves audacious, Godfather-inspired nicknames like Don Vito and “The Little Meatball.” While a disturbing example in itself, a series of studies show that corruption is ing a growing threat in the EU – and the larger the government, the greater the level of perfidy. The...
Pope Francis to entrepreneurs: Do good, despite what culture says
Rather than speaking about the risk of not doing, avoiding or failing at something in order to succeed, the pope coaxed the business executives to consider risking doing something positive for mon good – as if to encourage them to live out their faith proactively, through bold intentional free choices, despite the strong countercurrents of a materialistic, godless and self-serving secular society. Read More… Yesterday, Pope Francis hosted a private audience in his Apostolic Palace for a few hundred international...
Now that Republicans control the government, here’s what we can expect
Because of the recent election, Republicans now control the White House, the U.S. Senate (51 percent), the House of Representatives (54 percent), 31 of the 50 state governorships (62 percent), and a record 67 of the 98 partisan state legislative chambers in the nation (68 percent). What will they do with all that power and influence? To predict what policies the GOP will champion over the next two to four years we can turn to the most recent party platform....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved