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
Sep 15, 2026 8:42 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
When red tape hits the homeless: San Diego charity closes due to new restrictions
For the past four years, Deliverance San Diego has been delivering hot meals to the city’s homeless population every Friday, averaging 200 donated meals on any given evening. Now, due to new guidelines passed by the State Legislature of California, the non-profit is ceasing operations and will dissolve by the end of the month. Through their existing model, hot meals were prepared in volunteer homes and distributed on the streets. “Volunteers from various churches gather at 17th and Commercial downtown...
Why governments create inflation
Note: This is post #108 in a weekly video series on basic economics. Most people do not like when prices rise so most people do not like inflation. But there is one sector that sometimes finds inflation beneficial: government. In this video by Marginal Revolution University, Alex Tabarrok explains why governments sometimes use inflation to their benefit—and how inflation can e like a drug. (If you find the pace of the videos too slow, I’d mend watching them at 1.5...
From the streets of Caracas, Venezuela
Perhaps nothing sums up the situation in socialist Venezuela quite like the photo below. Within just a few feet of a grocery store, people dig through a garbage truck in desperation looking for food. We’ve written quite a bit about the crisis in Venezuela over the past year and today, we’re pleased to bring you a report straight from Caracas. Acton co-founder and president Rev. Robert Sirico interviewed Ricardo Ball, an entrepreneur and financial advisor about what is happening on...
Social science and the evidence for virtue
“Christians have nothing to fear and everything to gain from good social science,” says Paul D. Miller. “It provides a way to talk normatively about human flourishing in terms that are intelligible, legitimate, and persuasive to those outside munity of faith.” How can Christians make arguments that are persuasive to those who do not share their most basic presuppositions? That is the quandary in which Christians—and Jews and Muslims—find themselves as public discourse is increasingly framed, mediated, and policed by...
People who are religiously active are happier, more civically engaged
People who are active in religious congregations tend to be happier and more civically engaged than either religiously unaffiliated adults or inactive members of religious groups, according to a new study by Pew Research Center. The findings were taken from survey data from the United States and more than two dozen other Christian-majority nations. Pew finds that in the U.S. and many other countries around the world, regular participation in a munity clearly is linked with higher levels of happiness...
The Christian’s foundation for all knowledge
Note:This article is part of the ‘Principles Project,’ a list of principles, axioms, and beliefs that undergirda Christian view of economics, liberty, and virtue. Clickhereto read the introduction and other posts in this series. The Principle:#2 — God’s Word is the foundation for all knowledge. The Explanation:“Christianity,” as Charles Colson once claimed, “is the explanation for everything.” As Tom Gilson explains, “Of course [Colson] did not mean that everything is explained in the Bible, but that the Bible reveals the...
Redemptive entrepreneurship: In a globalized economy, who is our neighbor?
In our globalized and interconnected world, we inhabit vast networks of creative exchange with widely dispersed neighbors. This leads to real and munities far and wide—a great and mysterious collaboration. But as we continue to strengthen those social bonds across economic life, how do we stay faithful and attentive to our more munity spheres? It’s a challenge for creators and workers across the economic order—to use our economic freedom to meet human needs, but do so through a healthy and...
Climate change: Regulations vs. results
Christians believe we should be good stewards of the earth, and for some the issue has taken on apocalyptic dimensions. Yet faith leaders, including the leaders of multiple worldwide munions, have ignored the most effective method for reducing carbon emissions while praising counterproductive policies. There is no doubt about the extent of concern. A recent Gallup poll found that 70 percentof young Americans worry about climate change, and people aged 18 to 34 are the first generation in which a...
Unemployment as economic-spiritual indicator — January 2019 report
Series Note: Jobs are one of the most important aspects of a morally functioning economy. They help us serve the needs of our neighbors and lead to human flourishing both for the individual and munities. Conversely, not having a job can adversely affect spiritual and psychological well-being of individuals and families. Because unemployment is a spiritual problem, Christians in America need to understand and be aware of the monthly data on employment. Each month highlight thelatest numberswe need to know...
Venezuela’s ‘man-made failure’: A view from the UK and the U.S.
As Venezuela collapses, so do the dreams of countless Western socialists, who hailed the Bolivarian model as “twenty-first century socialism.” A number of prominent think tank leaders, including Acton Institute co-founder Fr. Robert Sirico, mented on the ongoing turbulence inside the increasingly repressive and authoritarian regime of Nicolás Maduro. To this end, they have produced a number of videos and podcasts discussing the uprisings and implosion of what was once one of South America’s most prosperous nations. Each performs a...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved