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
May 24, 2026 5:40 PM

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
The Demand Side of College Education
One of the most worrisome economic ing down-the-pipe is the “student debt bubble” which many argue is caused by too many students seeking degrees in higher education as the costs of tuition increase. Because we understand that poverty and economic misfortune are serious barriers to human flourishing, it is very important to try and understand the economics involved in the education market. Dylan Pahman gave a good explanation earlier today about how administrative costs are rising to promote a myriad...
Interview: Rev. Sirico responds to ‘Does Capitalism Promote Greed?’
In a follow up interview to “Is Capitalism Immoral?,” Joseph E. Gorra on the Patheos Evangelical channel talks with Rev. Robert A. Sirico, Acton Institute president and co-founder, about the publication of his new book, Defending the Free Market: The Moral Case for a Free Economy. Gorra begins the interview by observing that “within Western societies today there appears to be a kind of fact/value dichotomy that operates as an assumption in much of our discourse, where questions of ‘economics’...
Care Bears are Cheaper
ABC’s Chancellors for Equity and Inclusion, 1985-1988 Source: I have recently written on the moral implications of growing tuition costs and the resulting student loan debt (here). One factor I did not explore in depth was the reason for rising tuition costs, which, adjusted for inflation, have more than doubled since the 1980s. No doubt, there are many factors that have contributed to this, but George F. Will of the Boston Herald points to one possible cause: bureaucratic sprawl under...
Reflections on Acton University
If you missed the recent Acton University, here is a roundup of reactions and reflections by bloggers to give you an idea of why you need to attend next year: Dave Doty of Eden’s Bridge gives a sense of what AU is like for those who have never attended: The University runs from Tuesday to Friday nights and includes twelve seminars (four per day) and evening plenary speakers after what have always been excellent dinners. The event has grown to...
Food Trucks and Free Enterprise
The ongoing debate about food trucks here in Grand Rapids took a step forward this week, as this past Tuesday the mission “voted unanimously to amend its zoning ordinance so that food trucks can operate on private property for extended periods of time.” As I argued late last year, “There’s perhaps no more basic way to serve another person than to provide them with food,” and food trucks are something that ought to be ed rather than disdained in the...
Samuel Gregg: Financial Fiddling while the Euro Burns
On National Review Online, Acton Research Director Samuel Gregg examines the push for a “transaction tax” to solve some of the fiscal problems in the European Union. The move would, Gregg explains, “levy a tax on any transaction on financial instruments (securities, loans, deposits, derivatives, and various asset classes) between banks, hedge funds, insurance businesses, panies, and other financial organizations whenever one contracting party is located in the EU.” That may not sound like much, but would apply to literally...
Summers on Catholics in the American Civil War
Mark Summers, a historian in Virginia, wrote two articles for Religion & Liberty on faith issues in the American Civil War. Summers wrote about the evangelical revival that swept through the Southern armies and then in a subsequent 2011 issue focused on the Catholic Church in the Civil War. The articles were meant to draw attention to the 150th anniversary of the conflict. I wrote more about the R&L project in my own PowerBlog post back in December. Read the...
An Aberration of Human History
On AEI’s Values & Capitalism blog, RJ Moeller kicks off a new series that will “highlight the work and ideas of people advocating for free enterprise in pelling and interesting ways” with a review of Rev. Sirico’s Defending the Free Market: As you continue through the richly insightful pages of “Defending The Free Market,” Rev. Sirico goes to great lengths to drive home an incredibly important point: Freedom is not normal. The United States is not just an aberration. It...
New Issue of the ‘Journal of Markets & Morality’
The new issue of the Journal of Markets & Morality The Spring 2012 issue of the Journal of Markets & Morality (15.1) has been posted at and should be arriving in print to our subscribers sometime soon in ing weeks. In this issue, Jordan Ballor addresses Christian attitudes toward business across confessional lines and throughout history in his editorial. Sam Gregg and Philip Booth respond to Daniel K. Finn’s Controversy contribution from last issue. In further exploration of the convergence...
Ongoing evaluation of the effectiveness of public policy
One of the real challenges in arguing for various social policies is getting reliable data about the effectiveness of government programs. This is particularly the case with regard to welfare spending. It’s often very difficult to measure a particular program’s effectiveness, however. But this is an essential task, as Jennifer Marshall writes: The measure of passion for the poor should not be how much we spend on federal antipoverty programs. Compassion must be effective. We ought to define success by...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved