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
Apr 3, 2026 2:57 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
Beyond Black and White: New Realities of Race In America – BUMPED: Video now available
Anthony Bradley delivers his remarks last Wednesday The 2006 Acton Lecture Series continued today with Anthony Bradley’s presentation of Beyond Black and White: New Realities of Race In America. Mr. Bradley is an Acton research fellow and assistant professor of Apologetics and Systematic Theology at Covenant Theological Seminary in St. Louis, Missouri. His lecture describes the new market trends which reflect the changing demographics in America. With a decline in population amongst whites, a stagnated black population, and the ever-increasing...
Protestants and Natural Law, Part 6
If the mon Protestant objection to natural law revolves around sin, as we saw in Part 5, we should now address the second mon objection that natural law is a rival to God and Scripture. Contemporary evangelical critics, such as Carl Henry, object that natural law elevates autonomous human reason above divine revelation. Henry thinks the Thomist doctrine of natural law teaches a universally shared body of moral beliefs that exist independently of divine revelation. This contrasts, he thinks, with...
Environmental News Roundup
Juliet Eilperin, “Bush Pollution Curbs Are Rated Equal to Clinton’s: Science Panel Says Proposed Cap-and-Trade System Will Help Clean Air,” Washington Post, July 24, 2006: The report from the National Academy of Sciences, released yesterday, represents the latest effort to assess how best to reduce air pollution estimated to cause as many as 24,000 premature deaths each year. The panel concluded that an earlier Bush plan would have allowed pollution to increase over a dozen years, but it found that...
Federal Funding for the Humanities
Hunter Baker, blogging at his new home on the American Spectator Blog (recently added to our blogroll), responds to a post by James G. Poulos, which emphasizes President Bush’s “proposed emphasis on math and science education, to the patent detriment of the humanities.” Says Baker, “Although I am a faithful disciple of the humanities, I often fort in the fact that the majority of students won’t have much exposure to the offerings on hand. Better they remain busy with their...
Connect the Energy Dots…
Today’s NYT editorializes: “a country that consumes one-quarter of the world’s oil supply while holding only 3 percent of the reserves will never be able to drill its way to lower oil prices, much less oil independence.” You’ll often hear plaint that Americans use more than their fair share of the world’s oil. We’re addicted to it, some say. After all, so goes the reasoning, we have less than one-half of one percent of the world’s population, but we “consume...
More on Secularism and Universities
Just a brief note addition to Kevin’s post: the free article from May’s Touchstone magazine is Terence O. Moore’s feature, “Not Harvard Bound.” A key quote: The elite schools no mand the reverence and deference of red-state America. The parents and students of “flyover country” are starting to put their money where their morals are or where they believe truth is. There’s a discussion of Moore’s article at Touchstone‘s reader discussion site, Treaders. HT: Mere Comments ...
Taking Games Seriously
An article in yesterday’s NYT, “Saving the World, One Video Game at a Time,” by Clive Thompson, gives a good overview of the current trend in the video game industry, especially by nonprofits and activist groups, to create “serious games,” a movement which “has some serious brain power behind it. It is a partnership between advocates and nonprofit groups that are searching for new ways to reach young people, and tech-savvy academics keen to explore video games’ educational potential.” “What...
Potty-Mouthed President
The amount of media attention over the past week’s devoted to President Bush’s utterance of a “naughty” word has been incredible. Maureen Dowd uses it as just one more bit of proof supporting her depiction of the president as a frat-boy, who “has enshrined his immaturity and insularity, turning every environment he inhabits — no matter how decorous or serious — into fortable frat house.” She writes, “No matter what the trappings or the ceremonies require of the leader of...
Seek Dignity? Then, “You Gotta Shake Your MoneyMaker”
The Super MoneyMaker Pressure Pump No, we’re not talking about Elmore James’ Blues hit covered by the likes of George Thorogood, Fleetwood Mac and The Black Crowes nor its racy subject matter. Rather, it’s how members of the other oldest profession in Kenya and Tanzania power the irrigation pumps that extend both their growing season and range of crops. This foot-powered move beyond subsistence farming to much more profitable harvests, such as vegetables, is facilitated by the aptly named MoneyMaker series...
Secular Universities in Decline?
In his New York Times column this week, Peter Steinfels has an insightful analysis of an intriguing and provocative new book by C. John Sommerville, The Decline of the Secular University. Those who study the history of American academia are familiar with the story of the secularization of universities as recounted expertly by Christian scholars such as George Marsden (The Soul of the American University) and James Burtchaell (The Dying of the Light), who decry the shunting of religion from...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved