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
Mar 12, 2026 5:08 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
Trump backs off his decision to tax Bibles
Is President Trump finally beginning to understand how tariffs harm Americans? On Tuesday Trump said he was backing off his September 1 deadline for 10% tariffs on some Chinese imports. “We’re doing this for Christmas season, just in case some of the tariffs would have an impact on U.S. customers,” Trump told reporters. “Just in case they might have an impact on people, what we’ve done is we’ve delayed it so that they won’t be relevant to the Christmas shopping...
Daniel Hannan addresses Greta Thunberg’s ‘Manichaean’ views
The sight of teenage Swedish climate activist Greta Thunberg setting sail today for the United States has dominated global headlines. The 16-year-old, who is taking a year off school to demand a radical reorganization of the global economy, plans to attend the UN’s climate action summit in New York on September 23. As she prepared for the two-week cruise, she warned ominously, “There are climate delayers who want to do everything to shift the focus from the climate crisis to...
The cultural mandate and the final frontier
“Space,” proclaimed the memorable opening to the original Star Trek series, is “the final frontier.” The image of the frontier, and its historic importance to Americans especially, has been part of our national discourse since at least historian Frederick J. Turner’s famous essay, “The Significance of the Frontier in American History.” I reflected on the significance of Turner’s thesis for space travel, and Martian colonization in particular, in an essay a few years ago on the hit film The Martian:...
Video: Lawrence Reed on modern parallels to the fall of Rome
It’s not unusual to hear modern-day America (and more broadly, the modern pared with the late stages of the Roman Republic, which crumbled and gave way to totalitarian rule by caesars. But is parison valid? On August 8, the Acton Institute ed Lawrence Reed, president of the Foundation for Economic Education, to talk about that topic as part of the 2019 Acton Lecture Series. We’re pleased to share the video of the event with you below. ...
Book review: ‘Reason, faith, and the struggle for Western civilization’ by Samuel Gregg
Reason, Faith, and the Struggle for Western Civilization. Samuel Gregg. Regnery Gateway. 2019. 192 pages. Reviewed by Rev. Ben Johnson. Next to his ubiquitous quotation about the corrupting nature of power, Lord Acton’s best-known aphorism may be that “liberty is the delicate fruit of a mature civilization.” In his newest book, Samuel Gregg plunges deep into the roots that nourish the ecosystem of human freedom. Reason, Faith, and the Struggle for Western Civilization explores how ratio et fides– reason and...
Book Review: A brief primer on the ideas of Milton Friedman
The Book: Milton Friedman: A concise guide to the ideas and influence of the free-market economist by Eamonn Butler The Gist: As the subtitle suggests, this short book provides a concise overview of the ideas and influence of the late economist, Milton Friedman The Quote: “[T]he supporters of tariffs treat it as self-evident that the creation of jobs is a desirable end, in and of itself, regardless of what the persons employed do. That is clearly wrong. If all we...
Mass shootings and the vocation of hero
If you wonder why there are so many mass shootings in America lately you might start by asking why you don’t know the name of Leo Johnson. Seven years ago today, Johnson, the operations manager for Family Research Council (FRC) was temporarily manning the front desk at the organization’s Washington, DC headquarters when a terrorist entered with a handgun and 100 rounds of ammunition. As the shooter drew his weapon and began firing, Johnson charged the man. Although Johnson was...
Acton Line podcast: Prince Harry’s population bomb; A doctor diagnoses Medicare for All
In a recent interview for Vogue, Prince Harry declared to British anthropologist Jane Goodall that he and Meghan plan on having only two children, due to environmental concerns. Alarmist predictions about the results of overpopulation is nothing new, of course. Even Goodall herself said in 2010, that “[i]t’s our population growth that underlies just about every single one of the problems that we’ve inflicted on the planet.” So, is earth really overpopulated? And will having less children save the planet?...
Europe is (again) in economic trouble
With some Americans wondering whether the United States is headed for a recession, it’s worth looking across the Atlantic to see what is happening to the economies of Western Europe. Alas, there are many indicators that much of the old continent is headed, yet again, for a significant economic slide. The economy to watch is Europe’s largest. Germany’s unemployment rate ticked up in July, and industrial production and factory orders declined in June. That is bad news for an export-orientated...
The EU shuts citizens out of abortion funding policy
When nations rejected the European Union out of fear it would not be accountable to EU citizens, politicians unveiled a new proposal: a citizens’ initiative known as the European Citizens’ Initiative (ECI). When a broad cross-section of EU citizens support an issue, they can bring it to politicians’ attention through a successful ECI – unless those politicians ignore it, as the European Council just did to an ECI intended to rein in EU spending on controversial causes. Roger Kiska analyzes...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved