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
Aug 28, 2026 12:28 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
‘Timothy Geithner is a Moral Hazard’
Acton’s Director of Research, Samuel Gregg, recently wrote an article at Aleteia about the recent Great Recession and Former president of the Federal Reserve Bank of New York and Treasury Secretary Timothy Geithner’s book, Stress Test: Reflections on Financial Crises. Gregg begins by noting that economists and historians are still speculating about the causes of the Great Depression and doesn’t doubt that similar debates will occur about more recent economic decline. He says, “it’s not surprising that some of those...
Interview: Fr. Michael Butler on Environmentalism and Orthodox Christianity
Kevin Allen, host of a weekly call-in show on Ancient Faith Radio, interviewed Fr. Michael Butler over the weekend “about how we might address the environmental issues that confront us today by appealing to the authentic Orthodox Tradition.” Fr. Michael is the author, with Prof. Andrew Morriss, of the 2013 Acton monograph Creation and the Heart of Man: An Orthodox Christian Perspective on Environmentalism. In their April mentary “Christian Environmentalism and the Temptation of Faux Asceticism” the authors note: The...
Denzel Washington: Share Your Gifts; Don’t Abuse Them
In a short video that recently went viral, Academy Award-winning actor Denzel Washington offers some spontaneous career advice to a group of young actors. Although the setting is informal and his remarks are off-the-cuff and unrefined — sure to beg questions among theological nit-pickers — his general view aligns rather well with a healthy approach to Christian stewardship. Watch the video here: In keeping with the theme of “All is Gift” that runs throughout Acton’s new series, For the Life...
What Christians Need to Know About Economics
Note: This is the introductory post to a series that explains economic terms and concepts from a Christian perspective. You can find the most recent list of entries listed below under “Latest entries.” I call it the “Dow Conundrum.” At least once a week, for as long as I can remember, I’ve heard about the Dow Jones Industrial Index (DJIA). But I didn’t really know what it meant or why it mattered. So a few years ago, I decided to...
Overcoming Obstacles And Creating Success
One of my favorite website’s is The Mighty. They feature short stories and video clips that uplift, enlighten and inspire. To be honest, I get a bit discouraged some days. I have to read about a lot of bad stuff like human trafficking in order to do my job. Sites like The Mighty help keep me focused on the great work that humans are: created in God’s image and likeness. Let’s be honest: it’s easy to get discouraged. There are...
Giving the Just Wage Its Due
Focusing on the universal to the neglect of the particular is a collectivist error, says Dylan Pahman in the first of this week’s Acton Commentary. Justice, classically defined, is to render to each what is due. A just wage, then, is that wage which remunerates a worker with proper regard to his or her particular contribution, need, and other circumstances. The focus on a living wage reduces this criterion to need alone and furthermore presumes that the need of each...
The Years of Living Dishonestly
A bit of honesty, please. The premium network Showtime is airing an original series, The Years of Living Dangerously, which pits such intrepid reporters as Hollywood B-list hotties Jessica Alba, Olivia Munn and America Ferrera against climate-change “deniers.” The May 19 episode featured Ms. Ferrera attempting to grill The Heartland Institute’s James Taylor (full disclosure: Taylor is a professional colleague and cigar buddy) on his efforts to roll back renewable energy standards on a state-by-state basis. On this, more below....
On Wages, McDonald’s Gets It Right
McDonald’s CEO Don ThompsonNot earning enough? Take responsibility for your life, says Anthony Bradley in the second of this week’s Acton Commentary. In today’s culture of entitlement people believe that they deserve certain rewards simply because they exist — not because of hard work, perseverance and wise choices. Entitlement is the only way to explain the lunacy behind recent demands that fast food chains like McDonald’s arbitrarily pay workers $15 per hour. Unlike many politicians, business leaders do not make...
A Marketplace Of Children: The Fertility Industry
Alana Newman knows the pain caused by the fertility industry. She is a donor-conceived child (via sperm donation) and an egg donor. Newman is also the founder of AnonymousUs.org, which focuses on shedding light on the fertility industry. Newman has written “Creating A Marketplace of Children: A Donor-Conceived Woman Explains the Harms of Third-Party Reproduction,” in which she shares the questions she had as a child about her own conception, and the painful reality of egg donation. She explains that...
What Christians Should Know About ‘The Economy’
Note: This is the latest entry in the Acton blog series, “What Christians Should Know About Economics.” For other entries inthe series see this post. The Term: ‘The Economy’ (aka Gross National Product) What it Means: When people refer to “the economy” they are usually referring to a particular idea—Gross Domestic Product (GDP)—which is itself simply an economic metric. GDP is often used as a single number that “measures” the economy. Imagine you wanted to put a price tag on...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved