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 8, 2026 12:03 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
Google minds the gaps in statistical analysis
Google recently announced that it has purchased the Trendalyzer software from Gapminder, a Swedish non-profit (HT: Slashdot). Trendalyzer is the brain-child of professor Hans Rosling, who was lecturing on international development “when it struck him that statistics were an underexploited resource, often presented in an prehensible fashion. To solve the problem he developed – along with his son – a new kind of software.” One interesting aspect of this purchase is that the software’s inventor won’t profit from its sale,...
Partisan political engagement in the Church
I grew up in the South. I also grew up during the Jim Crow era. I asked a lot of questions and made a lot of white folks very angry when I did. I hated the “separate but equal” hypocrisy and I was never, in my heart of hearts, sympathetic with the illogic of racism as I knew it. As a teen I was called into the senior pastor’s office and told to stop spreading racial unrest among the youth...
Censuring Sobrino
When the Vatican last week issued a stinging rebuke of Fr. Jon Sobrino, a noted proponent of Liberation Theology, plaints ensued about the Church squelching “dissent.” However, as Samuel Gregg points out, Fr. Sobrino’s books were not only based on faulty economic thinking, his works placed him outside the bounds of orthodox Catholic teaching about the faith. “For Fr. Sobrino, the ‘true’ Church is to be found in the materially poor at a given time, rather than in those who...
“The university is totally ignoring diversity of thought”
Coming soon to a theater near you (hopefully) – Evan Coyne Maloney’s Indoctrinate U. From the film’s website: At colleges and universities across the nation, from Berkeley and Stanford to Yale and Bucknell, the charismatic filmmaker uncovers academics who use classrooms as political soapboxes, students who must parrot their professors’ politics to get good grades, and administrators who censor diversity of thought and opinion. With flair and wit, Maloney poses tough questions to America’s academics and university administrators — who...
‘Great Firewall’ not great enough
According to published reports, China is planning on adding new censorship regulations covering blogs and webcasts (HT). President Hu Jintao says the government needs to take these steps to “purify” the Internet, leading to “a more healthy and active Internet environment,” according to the Xinhua news agency. Estimates put the number of Internet police manning the “Great Firewall of China” at 30,000-40,000. To see if those cops are looking at a particular website, test it at GreatFirewallOfChina.org. You can also...
Christianity and communism in China
Kishore Jayabalan reported yesterday on the latest happenings with the Acton Institute’s office in Rome and the most recent installment of the Centesimus Annus Conference Series, “The Religious Dimension of Human Freedom.” As Kishore notes, the conference took place within the context of the spate of media attention to the religious situation in China, especially with reference to the relations between Beijing and the Vatican. Last month Acton’s director of research Samuel Gregg wrote in The Australian about the increasing...
EU conflicts of interest
The nearly decade-long battle between the European Union and Microsoft took another turn earlier this month, as the EU Commission offered a fresh threat to Microsoft: Submit to our demands or face stiff new penalties. The item at issue is an aspect of the 2004 ruling against Microsoft, in which “the Commission fined Microsoft and ordered it to provide petitors with information allowing them to develop workgroup server software interoperable Windows desktop operating system.” That ruling is still under appeal...
Coming soon to your neighborhood bookseller: Al Gore’s Assault on Reason
Oh, I’m sorry. I messed up that title. Gore’s newest book will be called The Assault on Reason. Here’s the book description from : A visionary analysis of how the politics of fear, secrecy, cronyism, and blind faith bined with the degration of the public sphere to create an environment dangerously hostile to reason… …We live in an age when the thirty-second television spot is the most powerful force shaping the electorate’s thinking, and America is in the hands of...
Adam Smith’s Theory of Moral Sentiments
Kevin noted earlier this week that the UK has issued a paper bill featuring Adam Smith. I also received notice this week that the Adam Smith Review is planning a conference in January of 2009, celebrating the semiquincentennial (250th) anniversary of the publication of Smith’s Theory of Moral Sentiments. The conference announcement notes that scholarship has e to appreciate the importance of Smith’s moral philosophy for his overall intellectual project.” For more on just how Smith’s Theory of Moral Sentiments...
Church and state: do you serve two masters?
Last week, Acton’s Rome office, Istituto Acton, held a conference entitled “The Religious Dimension of Human Freedom” at the Pontifical University of the Holy Cross. (See this Zenit piece for a brief, if unexciting, summary of the event.) In addition to the news angle concerning China, I’d like to say that all three speakers agreed on one point – the rivalry between Church and State on the claims of primary human attachments. This e as no surprise to students of...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved