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 14, 2026 5:29 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
Former Next Digital CEO denied bail after five months in prison
Cheung Kim-hung, former CEO of the pany founded by pro-democracy activist Jimmy Lai, must continue to sit in jail as he awaits his Dec. 28 court date, accused of violating the broad and oppressive National Security Law imposed by Beijing. Read More… After enduring five months in prison awaiting trial on conspiracy charges under Hong Kong’s National Security Law (NSL), Cheung Kim-hung, former CEO of Next Digital pany, was denied bail by the city’s high court. The presiding judge, D’Almada...
The trial of Jimmy Lai and seven other pro-democracy activists has begun in Hong Kong
In what is sure to make headlines worldwide, former newspaper publisher Jimmy Lai and seven others are being tried for participating in a Tiananmen Square Massacre vigil last year, now banned under the extremist National Security Law. Read More… The trial of outspoken media tycoon and longtime Acton friend Jimmy Lai, along with seven other influential pro-democracy activists, began Nov. 1 in a Hong Kong court. The group is being tried for participating in an unauthorized Tiananmen Square Massacre vigil...
Despite displays of strength, China has key weaknesses
It’s easy to worry over China’s increasing bellicosity and economic strength, but its demographic woes, regional challengers, and declining productivity provide new opportunities for the West and its allies. Read More… The recent announcement that China had tested something akin to a Fractional Orbital Bombardment System, which is launched into space and then orbits the globe before discharging a missile at its target, underscored yet again that America and its allies have serious grounds to be worried about China. Whether...
Discovering human dignity in Villeneuve’s Dune
The much anticipated film adaptation of the Frank Herbert sci-fi masterpiece demonstrates that the best support of a noble ideal is to actually believe it. Read More… With an opening weekend revenue of $41 million, director Denis Villeneuve’s Part 1 of his adaptation of Frank Herbert’s science fiction classic Dune has succeeded in getting Warner Bros. to greenlight Part 2, set for a 2023 release. Villeneuve’s Dune feels a bit like Peter Jackson’s Lord of the Rings—visually stunning, perfectly cast,...
Hong Kong’s extreme National Security Law wins second conviction
One more pro-democracy activist has been convicted under Beijing’s highly repressive NSL, which seeks to suppress “subversion” by crushing human rights. Read More… A Hong Kong court has handed down a second conviction under the wide-sweeping National Security Law (NSL), this time for chanting pro-independence slogans. According to ABC News, Ma Chun-man was convicted on Oct. 25 for inciting secession by chanting slogans such as “Hong Kong independence, the only way out” on 20 different occasions between August and November...
Pro-democracy activist Jimmy Lai to receive the 2021 Gwen Ifill Press Freedom Award
The entrepreneur’s fight for a free press and human rights in an increasingly authoritarian Hong Kong is recognized yet again, even as he sits in jail for violating the draconian National Security Law. Read More… At the annual International Press Freedom Awards, the Committee to Protect Journalists (CPJ) will honor Jimmy Lai, longtime Acton friend and outspoken political dissident in Hong Kong, with the 2021 Gwen Ifill Press Freedom Award. The annual event, set to take place Nov. 18, presents...
Amnesty International to withdraw from Hong Kong
The human rights organization says it can no longer “work freely and without fear” as the Hong Kong government continues to repress fundamental freedoms. Read More… London-based Amnesty International has succumbed to the pressures of Hong Kong’s wide-sweeping National Security Law (NSL), announcing on Oct. 25 its decisions to withdraw operations from the city. The human rights organization will close its two Hong Kong branches, citing fear of “restrictions of freedoms of expression.” The nongovernmental organization (NGO) said its branch...
Beyond material prosperity, economic freedom fosters virtue and relationship
In addition to boosting material welfare, capitalism has the potential to strengthen the bonds of a virtuous society, inspiring sacrifice, generosity, trust, patience, friendship, self-governance, and more. Read More… In defending the cause of economic freedom, it can be easy to focus only on the material fruits, whether it be new innovations and efficiencies or the ongoing expansion of opportunity and abundance. But before and beyond our arguments about material es, we often neglect the foundations from which these successes...
How Hong Kong moved from two systems to one tyranny
Since the National Security Law was imposed Beijing in 2020, basic human and civil rights in Hong Kong have been increasingly crushed, with no end in sight and emigration the only short-term solution. Read More… Hong Kong has e the face of China’s dictatorship, the most dramatic evidence of Xi Jinping’s determination to extinguish even the hint of dissent among his people. Today residents of the Special Administrative Region are ruled pletely and cruelly by the Chinese Communist Party as...
How China’s communist regime will outlast the USSR’s
Smart economics, Western goodies, and cruel politics have helped Beijing avoid a Soviet-style collapse—for now. Read More… The collapse of the Soviet Union 74 years after the Bolshevik revolution was supposed to herald the end munism. Yet the People’s Republic of China lives on, 72 years after Mao Zedong famously proclaimed the founding of the PRC in Beijing. That regime is on course to outlast the USSR. Why did one collapse and the other survive, even thrive? It isn’t because...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved