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
Jul 30, 2026 2:17 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
Thank God for single-use plastic bags
Perhaps the only positive thing e from the COVID-19 global pandemic has been the way it exposed a raft of never-needed regulations imposed by every level of government. Unfortunately, rather than repealing one such ordinance which could contribute to the spread of the coronavirus, the UK’s Conservative government has literally doubled down. The government-mandated cost of single-use plastic bags at groceries and stores will double, from five pence each to 10, beginning next April. Environment Secretary George Eustice also announced...
Justice demands ‘Just Money’
Widespread civil unrest, social media fueled hysteria, and political polarization have infected our public life. Vice President Joe Biden suggested on Monday that these problems have been fomented by his opponent. President Donald Trump likewise suggested that it is his political opponents, including Vice President Biden, who are responsible. Both answers are politically convenient for the candidates but fail to take into account the international nature of the revolt of the public against elites of all parties and cliques. Our...
Donald Trump’s bad prescription for drug prices
The final night of the 2020 Republican National Convention included powerful lines promoting the Trump administration’s drug price policies. President Donald Trump claimed that his recent executive orders on drug prices “will massively lower the cost of your prescription drugs.” His daughter Ivanka likewise said that her father “took dramatic action to cut the cost of prescription drugs.” In 2015, U.S. Americans spent more than twice the OECD average on prescription drugs. Trump signed a price control-based executive order in...
Jimmy Lai verdict expected this week
Like his fellow Hong Kong citizens, Jimmy Lai faces a date with destiny. A Chinese judge will decide on Thursday whether the Catholic dissident publisher goes to jail for up to five years over trumped-up intimidation charges. Lai stands accused of purportedly intimidating a reporter at a Tiananmen Square memorial in 2017. But the evidence shows Lai should have felt threatened. The Apple Daily founder says the reporter has stalked him for years on behalf of rival Oriental Daily News,...
From CARES to worries: The post-COVID economy calls for bold entrepreneurship
After months of facing the coronavirus, Americans now face a spreading virus of evictions. More than 5,845,000 Americans have tested positive for COVID-19 since it reached the United States. As a result, almost 18 million people have lost their jobs or were forced to remain at home in order to protect themselves and their families from the novel coronavirus. Beginning at the end of March, the CARES (Coronavirus Aid, Relief, and Economic Security) Act, passed by Congress and signed into...
C.S. Lewis and Nicolás Maduro on Venezuela’s plunging birthrate
The birth of a child is life’s greatest joy – unless a dictator is asking you to have children to increase his personal power base, and he has destroyed the economy so badly that you can’t feed yourself. That is the situation in Venezuela. “Every woman should have six children for the good of the country,” said Bolivarian socialist Nicolás Maduro in March. He urged the nation’s women to “give birth, give birth” in order to “grow the country.” In...
Acton Line podcast: Using social media for good with Daniel Darling
On February 4th, 2004, a sophomore at Harvard University by the name of Mark Zuckerberg launched TheFacebook. At the time, the social networking website was limited to only students at Harvard. And while other social networking platforms like MySpace and Friendster predated the launch of Facebook, it was that February day in Cambridge, Massachusetts that the age of social media was truly born. Today, Facebook boasts 2.5 billion active users, is available in 111 languages, and is the 4th most...
Acton Line podcast: The socialist temptation with Iain Murray
In his new book, The Socialist Temptation, author Iain Murray examines the resurgence of socialist ideology in America and across the world. Seemingly discredited just thirty years ago by the failures of the Soviet Union and Communist block Eastern Europe, socialism has seen a revival of support and popularity in the West. Murray sets out to explain why the socialist temptation endures even after it’s own massive failures, the inconsistencies in socialist thought that prevent it from ever working in...
How to beat the ‘social recession’ of COVID-19
Before the COVID-19 crisis began, America was already facing a severe loneliness epidemic – marked by decades-long increases in suicide and chronic loneliness and declines in marriage munity attachment. Now, amid flurries of sweeping lockdowns, the struggle has e harder still, pushing any remnants of munity deeper into the confines of social media. We are facing a “social recession,” argues the Manhattan Institute’s Michael Hendrix, driven by a mix of stress over public health, economic anxiety, and the isolating effects...
Jimmy Lai innocent, Pope Francis silent on Hong Kong
A court has found Hong Kong dissident Jimmy Lai not guilty of intimidation. But that does not mean he, or Hong Kong, can rest easy – especially as he faces the prospect of life in prison without any public support from the most important institution in his life: the Vatican. As global political and thought leaders denounce Beijing’s encroachments, Pope Francis remains uncharacteristically silent. Lai, the self-made billionaire publisher of the Apple Daily newspaper, could have been sentenced to five...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved