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 15, 2025 3:42 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
Explainer: What’s Going on in Egypt?
Hundreds of supporters of ousted Egyptian president Mohamed Morsi were killed in Cairo this week by Egyptian security forces. The protestors, mostly members of the Muslim Brotherhood, responded by destroying Coptic Christian churches throughout the country. Here’s what you should know about what’s going on in Egypt. What is the Muslim Brotherhood? The Muslim Brotherhood, begun in 1928, is Egypt’s oldest and largest Islamist organization. Founded by Hassan al-Banna, the Muslim Brotherhood – or al-Ikhwan al-Muslimun in Arabic – has...
Was ‘Little House on the Prairie’ a Libertarian Fable?
Was Laura Ingalls Wilder’s Little House on the Prairie series of children’s books written as an anti-New Deal fable? The Wilder family papers suggest they were: From the publication of the first book in 1932, the series was immediately popular. And, at a time when President Franklin D. Roosevelt was introducing the major federal initiatives of the New Deal and Social Security as a way out of the Depression, the Little House books lulled children to sleep with the opposite...
Obamacare’s ‘Visiting Program’ or Violation Of Privacy?
The Gateway Pundit reports today that a provision in Obamacare’s Affordable Care Act allows for what the government is calling the “Maternal, Infant and Early Childhood Visiting Program.” What does this mean? The program is designed to award monetary grants to states that have “modest” home visiting programs currently, and would like to expand those programs. The goal, purportedly, is to increase the health of mothers and young children and things like “developing a family-centered approach to home-visiting.” es from...
Private Virtue and Public Speech
Sometimes we are not aware of the foolishness of our private speech until our words go public. This is one of the morals of the story of Philadelphia Eagle’s receiver Riley Cooper’s n-word slip. In a video taken at a Kenny Chesney concert in June, Cooper became frustrated that an African-American security guard would not allow him backstage. With a beer in his hand Cooper responded, “I will jump this fence and fight every n***ger here, bro.” Cooper’s gaffe serves...
How Does Your State Rank on Human Trafficking Laws?
Does your state have the basic legal framework in place bat human trafficking, punish trafficker, and supports survivors? The Polaris Project recently released their 2013 State Ratings on Human Trafficking Laws, which examines the progress states have made in passing legislation bat both labor and sex trafficking. According tothe report: 39 states passed new laws to fight human trafficking in the past yearAs of July 31, 2013, 32 states are now rated in Tier 1 (7+ points), up from 21...
Chris ‘Ashton’ Kutcher on Opportunity as Hard Work
PowerBlog readers will be excused for missing this, as I suspect there are not many who frequent the MTV Teen Choice Awards. But don’t let your skepticism prevent you from watching this video of Ashton (really, “Christopher Ashton”) Kutcher’s acceptance speech, in which he exhorts the younger generation to get its hands dirty with hard work: “Opportunity looks a lot like hard work.” There are many connections to be made here with this insight, not least of which is with...
Work as Service at Wolfgang Puck Express
On a return trip from summer camp, Michael Hess’s young son was stuck at Chicago O’Hare airport on a four-hour layover. Having run out of his spending money, he soon grew hungry and called his Dad for help. His father’s mended solution: “go to any of the sit-down restaurants and ask if his dad could give them a credit card over the phone.” His son tried it, and everyone turned him down. “None would even try to figure out a...
Virtuous Bribery? Care for Prisoners in the Early Church
St. Ignatius of Antioch was martyred at the jaws of wild beasts in the Roman colosseum sometime around 110 AD. In her historical study of wealth and poverty in the early Church, Loving the Poor, Saving the Rich, Helen Rhee offers the following interesting historical tidbit with regards to how early Christians were able to minister to their imprisoned brothers and sisters who awaited martyrdom: Bribing the prison guards, which must have cost a certain amount, features frequently enough in...
Worry is a Poverty Trap
There’s some evidence that the distress associated with poverty, such as worry about where your next meal ing from, can create a negative feedback loop, leaving the poor with fewer non-material resources to leverage against poverty. In 2011, a study by Dean Spears of Princeton University associated poverty with reduced self-control. His empirical study attempted “to isolate the direction of causality from poverty to behavior,” resulting one possible explanation “that poverty, by making economic decision-making more difficult, depletes cognitive control.”...
Interview: George Gilder on ‘Knowledge and Power’
At , Jerry Bowyer interviews George Gilder on his new book Knowledge and Power (HT: AOI Observer). The long Q&A, titled “George Gilder Has A Very Big, Economy Boosting Idea” is very much worth a read. Here’s a snip: Jerry: “So the market system is the operating system at best, but it’s not the user. That the entrepreneur uses an operating system called the market economy: there’s hardware to it, there’re rails and canals and buildings and factories; there’s software...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved