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 29, 2026 8:59 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
Explainer: What does ‘Black Lives Matter’ believe?
Thanks almost entirely to the killing of George Floyd, Black Lives Matter’s approval rating has more than doubled from where it stood four years ago, surging from 27% in 2016 to 57% today. While the slogan wins public support, the racially tinged socialism espoused by the organization Black Lives Matter should concern everyone who cherishes freedom. BLM proudly proclaims its belief that all black Americans should receive a guaranteed minimum e and “free” healthcare, schooling, food, real estate, gender reassignment...
Acton Line podcast: The story of Jimmy Lai’s fight against Chinese oppression
At the age of 13, Jimmy Lai escaped China to experience freedom in Hong Kong and grew to be one of Hong Kong’s highest-profile media moguls. Through his work, Lai founded the anti-Beijing newspaper Apple Daily and became an outspoken critic of the People’s Republic of China, solidifying him as one of Hong Kong’s most important pro-democracy voices. In this exclusive interview, Acton’s President and Co-founder Rev. Robert Sirico speaks with Lai about his entrepreneurial work and his bravery in...
The world will be saved by beauty: Singing, worship, and COVID-19
“Singing? I’ve heard that’s even worse than coughing!” That remark, and the horrified tone of the well-intentioned woman from my local church who made it, echoes inside many congregations these days. In a world turned upside down by the COVID-19 pandemic, many parishes which have chosen to reopen their doors prohibit the congregation from singing together in public worship. This infringement on worship is based in part on a government directive. On May 22, the CDC released its mendations for...
Clergy patrol: When pastors and police partner up
In response to the death of George Floyd, the Minneapolis City Council recently announced their intentions to dismantle the city’s police department — a move that has brought increased prominence to the wider national movement to “defund the police.” Such proposals have mostly ranged from reckless endangerment to convenient escapism to convoluted word games. Yet if we look beyond the deconstructionist impulses of the day, we also see some positive traction for more productive and targeted reforms — from the...
Seattle’s CHOP/CHAZ violates the purpose of government
The mayor and civil authorities took no action as protesters claimed a six-block section of downtown Seattle as the Capitol Hill Autonomous Zone. By their indifference plicity, political leaders have failed into carry out the most primary functions and duties for which government is established. City officials ordered police to abandon their position and cede the territory to protesters. This Tuesday CHAZ, since rebranded the Capitol Hill Occupied Protest, struck an agreement with the city to reduce its footprint to...
America’s founding vision must be retrieved
Grand Rapids, my home for the last 30 years, a tranquil and polite place, has recently experienced demonstrations and violence like other American cities. A lot of confusion and pain abound. A few weeks ago, protests for George Floyd and his deathat the hands of Minneapolis police officers saw groups attacking the police station and local businesses. How do we begin to make sense of this? It is important that I begin by acknowledging the reality of racial prejudice. Given...
America’s two warring views of race
America’s current racial strife has roots deeper than recent controversies involving the police. One factor greatly exacerbating these tensions is the contrast in worldviews over the relative importance of “race” in one’s life and how those in dialogue view the American founding, according to Ismael Hernandez, executive director of the Freedom and Virtue Institute and a longtime lecturer at Acton University. Hernandez has elucidated these contrasting approaches in two new episodes of “Freedom and Virtue” the podcast. Hernandez first traces...
Social media make us JUMP to false conclusions
Mike Solana, the vice president of the Founders Fund, has written pelling account of the social consequences of the dominance of social media as a means munication in this digital age titled, “JUMP.” The title is based on a schoolyard legend from his youth: “Back in elementary school a ‘scientific theory’ hit the playground that blew my mind: [I]f every person in China jumped at the same time, their impact would knock our planet off its axis and the world...
Winners of 2020 Mini-Grants on Free Market Economics
Six professors affiliated with universities across the United States have been awarded funding to support faculty research and advance course development. The Acton InstituteMini-Grants on Free Market Economicsprogram accepts proposals from faculty members at colleges, seminaries, and universities in the United States and Canada in order to promote the scholarship and teaching of market economics. This program allows for collaboration between faculty from different universities, and helps future leaders to emerge, strengthen, and expand the existing network of scholars within...
Video: How ‘Poverty, Inc.’ can help the West cure global poverty
The Acton Institute continues to lead the global poverty discussion, as the Canada-Africa Chamber of Business hosted a screening of its award-winning documentary Poverty Inc. Afterwards the chamber held a virtual panel of speakers from around the world, including the film’s producer, Acton Institute Research Fellow Michael Matheson Miller, about how the movie’s insights apply to poverty eradication programs. The panel was moderated by Garreth Bloor, president of the Canada-Africa Chamber of Business and formerly a leader of a free-market...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved