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 11, 2026 10:18 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
Stay At Home Mom? Yeah, You Don’t Count
I loved being a stay at home mom. Sure, it was tedious some days and there were times when I was a bit weary of mac and cheese, but overall, I loved it. I enjoyed watching my kids grow, learning with them, enjoying leisurely days of bug watching, sidewalk chalk and cartoons. Imagine my surprise when I found out that being a stay at home mom doesn’t count as work. Not real work: you know, the kind of work where...
Are You an Athlete or a Spectator?
Today at Ethika Politika, I caution against the sort of scapegoating that justifies ideologies at the expense of human effort: Do you support capitalism? Socialism? Distributism? Something else? Wonderful. What does that look like among the mess of market forms that actually constitute the economy you participate in every day? Rather than criticizing those policies that fall short of your saintly ideal or align too closely with your Hitler, what ones constitute a first step in the right direction for...
Are Fast Food Strikers Just Political Agitators?
According to Thomas McCraw, who is the author of American Business, 1920-2000: How it Worked, “More people in the U.S. workforce were getting their first job at McDonald’s than at any other employer, including the Army.” By the end of this 80 year period, McDonald’s employer turn over rate was just over 200 percent per year. It was a temporary job, primarily for students. This factor has changed somewhat. I remember in an ethics class in seminary we had to...
Are Christians In Ministry The Only ‘Real’ Christians?
I’ve been following an interesting discussion at NRT, a Christian music website, regarding whether an artist is “really” Christian or not. NRT, on its Facebook page, had announced that singer Audrey Assad, known for her hauntingly beautiful Christian music, had made the decision to go mainstream. She gave her reasoning on her own blog. NRT had mented on the band Switchfoot, who announced they’d be touring with Michael Gungor. Gungor is rather “notorious” in some Christian circles for stating that...
Celebrating Grandparents as Caregivers
For the first three years of my life, I lived with and was primarily raised by my grandparents. While I was always grateful for the experience, I never realized until I was a parent myself of the depths of their sacrifice, and the burden and stress raising an infant put on them. Like many other seniors, they didn’t get the credit or recognition they deserved for being caregivers. This role of grandparents is often overlooked, despite the fact that in...
The Dangers of Sentimental Humanitarianism
Acton’s Director of Research, Samuel Gregg, recently wrote about ‘Our Sentimental Humanitarian Age’ at the American Spectator. He argues that “soft liberalism is incapable of confronting the evil in man.” Sometimes, however, an event occurs that highlights the more fundamental crises that bedevil a civilization. The rise of a movement as diabolical as ISIS, for instance, has surely underscored the bankruptcy of what might be called the sentimental humanitarian outlook that dominates so many contemporary shapers of the West’s cultural...
Video: Sirico Discusses Multiculturalism on Cavuto
Acton Institute President Rev. Robert A. Sirico made an appearance on Thursday afternoon on Fox News Channel’s Your World with Neal Cavuto. Recently, Cavuto has been addressing the topic of multiculturalism in recent shows, featuring guests like Nigel Farage, leader of the UK Independence Party in Great Britian, and Alveda King, niece of Rev. Martin Luther King, Jr., both of whom share deep concerns about the impact of multicultural philosophy and policy on our cultural cohesion. Yesterday, Neil Cavuto asked...
ISIS Isn’t About Religion; It’s About Power
It’s easy to think that ISIS is about religion. They toss around phrases from the Quran, and have announced that their leader, Abu Bakr al-Baghdadi is now “caliph,” or a successor to Muhammad, the prophet of Islam. But ISIS is about as much about Islam as Hitler was to Christianity…which is to say, not much. R.R. Reno reminds us that bloodthirstiness and an insane drive to power are nearly as old as humanity, in a piece entitled “From Cain to...
The Crisis of Sexual Abuse in Juvenile Detention Centers
“Inmates are still people, and therefore need to be treated as such, with all the challenges and potential that face all human persons,” saysActon research fellow Jordan Ballor. “One of the things it means to treat someone with the dignity they deserve as a human being is to not subject them to conditions where the threat of rape is rampant.” Earlier this year, the Bureau of Justice Statistics reported on one of the most overlooked threats to prisoner dignity —...
Let’s Bring Back the Ignominy of Being a ‘Deadbeat Dad’
“Deadbeat Dads”—absent fathers who don’t provide financial support for their children—are one of the most significant factors contributing to child poverty in America. So why do some single women have children outside of marriage when they know they will receive little to no support from the child’s father? A new study from the University of Georgia and Boston College attempts to answer that question. The authors created an economic model to simulate a scenario in which every absent father was...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved