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 22, 2026 5:03 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
Lessons from a kibbutz on the problems of ‘bottom-up socialism’
When making the case against socialism, many of its critics focus first on the “practical” problems: the lack of incentives and market prices, the fatal conceits of central planners, the totalitarian temptations of ruling elites, etc. With problems such as these, socialism cannot possibly live up to its supposed ideals. But sometimes, we go a step further, saying things like “socialism sounds good on paper,” or “socialism would be wonderful, if only it actually worked.” Would it? For those who...
Why the economy is not a zero-sum game: a simple explanation
What do these two statements have mon: “Poverty is caused by overpopulation,” and “The rich get richer only as the poor get poorer”? Answer: They both inaccurately presuppose the economy is a zero-sum game. Understanding this misconception is important when thinking through many moral, economic, and policy questions. Zero-sum games are win-lose scenarios. When losses are subtracted from gains, the result equals zero. Sports are zero-sum games. If the Kansas City Chiefs play the Pittsburgh Steelers, it is impossible for...
Freedom of choice is foundational to poverty relief
This essay won second place in the essay contest of the Acton Institute’s 2020 Poverty Cure Summit, which took place on Nov. 18-19, 2020. The author will receive a $3,000 prize. An expanded and lightly edited version of her essay is presented below. – Ed. Defining and describing humanity has always been one of the trickiest questions facing philosophers, scholars, and authors – most specifically the question of “what makes us human?” Inherent to this discussion is the conversation about...
Study reveals exactly how teachers unions lock children out of schools
Last Friday, Vice President Kamala Harris raised the plight of harried parents dealing with the life dislocation of children being locked out of in-person education in the public schools – and erupted in gales of inappropriate laughter. Parents at their wits’ end and children whose mental health and cognitive skills are deteriorating may find more sober wisdom in a new report that explains the precise factor that determines whether teachers unions will succeed in denying students in-person education. The most...
Rugged entrepreneurs: How the ‘frontier experience’ shapes economic cultures
In our efforts to spur economic growth and retain American dynamism, we tend to be overly consumed by surface-level tweaks to our economic systems. Yet economists continue to discover that the distinguishing features of flourishing societies are more readily found at the levels of culture. Deirdre McCloskey has emphasized the role of ideas and rhetoric, arguing that our newfound prosperity has e from piling brick on brick, or bachelor’s degree on bachelor’s degree, or bank balance on bank balance, but...
Sen. Raphael Warnock on Easter: Socialism is ‘more transcendent’ than Jesus’ resurrection
The most insightful critics of Marxism said that socialism’s greatest es not from economics but anthropology and theology. Sen. Raphael Warnock, D-Ga., put that reality on display on Easter Sunday, when he tweeted that collective social action “is more transcendent than the resurrection of Jesus Christ.” On the holiest holiday on the liturgical calendar, Warnock wrote: The meaning of Easter is more transcendent than the resurrection of Jesus Christ. Whether you are Christian or not, through mitment to helping others...
School shutdowns hurt struggling students, girls the worst: Study
In-person school closures due to COVID-19 lockdowns widened the gap between the rich and poor, a new study conducted by Oxford University has found. While young people of all demographic groups fell behind during the period of remote learning, those from the least educated homes were the hardest hit. Researchers studied elementary students from age 8 to 11 in the Netherlands, because they found the country best suited to endure the pandemic. Dutch schools test students twice a year, and...
Poverty Cure Essay Contest winners, 2021
How can we bat poverty? Students from across the globe answered that question and brought fresh ideas to the table in our recent petition, which took place as a part of the 2020 Poverty Cure Summit. The excerpts below demonstrate the wide variety of insights that students gained from the conference. Their responses are presented verbatim, with only light, grammatical edits. Prize winners: Fighting poverty is like dealing with a chronic disease and using palliative measures will not solve the...
Jimmy Lai ‘guilty,’ faces 5 years in prison for democratic assembly
In the latest twist in China’s suppression of Hong Kong’s rights, pro-democracy dissident Jimmy Lai has been convicted of taking part in an unauthorized, prayerful assembly and entered a guilty plea to taking part in a second such event. The human rights leader faces five years in prison for leading a protest in which thousands prayed and sang Christian hymns in the streets. Officials charged Lai and six others with leading a protest for democracy on August 31, 2019, without...
Derek Chauvin guilty, but riots will hurt Minneapolis for generations
In Minneapolis, members of the clergy and Congress alike spent the weeks before Derek Chauvin’s conviction on all charges pouring gasoline on the fire of rioters’ rage. Rep. Maxine Waters, D-Calif., told rioters to e even “more confrontational” unless the jury convicted Chauvin of murder – ideally “first-degree murder,” a crime with which he was not charged. Meanwhile, Pastor Runney Patterson, standing alongside Al Sharpton, told Minneapolis’ Greater Friendship Missionary Baptist Church last month that if jurors didn’t return a...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved