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
Aug 30, 2026 3:53 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
It’s that time of year
Time for the annual spate of “gap between rich and poor increases” stories in the MSM. There are a number of problems with the judgmental assumptions implicit in these kinds of stories. For example, there is a zero-sum view of wealth that pits individuals against each other. It’s essentially the “pie” view of money and wealth: if I take a piece, there’s that much less available for others. This is the distributivist economic model. This is a fundamentally flawed economic...
E-Libraries
A story in the Sunday New York Times highlighted the move of the undergraduate library at the University of Texas at Austin to a predominantly electronic collection. mon reference materials like dictionaries will remain in hard copy, all other stacks of books “will be dispersed to other university collections to clear space for a 24-hour electronic mons, a fast-spreading phenomenon that is transforming research and study on campuses around the country.” This move should not be taken as indicative of...
The moral imperative of our time?
In his “Bad Economics, Bad Public Policy and Bad Theology,” columnist Raymond Keating makes the case on OrthodoxyToday.org that the Religious Left offers “assorted biblical passages that speak of aiding the poor, the necessity for charity and justice, or other vague generalities, and then simply assert that these quotations support the particulars of their big government philosophy. Of course, this ranks as either ignorant or disingenuous from a theological standpoint.” Keating examines resurgent activism by liberal/leftist religious leaders on environmental...
Game review: Food Force
The United Nations World Food Programme (WFP) has found a new way to get the word out about its efforts. Food Force is a free downloadable video game (for the PC and Mac) designed by the WFP, in which the users will “Play the game, learn about food aid, and help WFP work towards a world without hunger.” Within the context of the fictional nation of Sheylan, the player embarks on a series of missions intended to give users a...
Big story on small loans
Today’s Christian Science Monitor has a story on the increasing use of micro-loans by Christian aid and development groups. According to the story, “Religious organizations are increasingly adopting the Talmudic sentiment that the noblest form of charity is helping others to dispense with it.” Ron Sider, in the twentieth anniversary edition of his book, Rich Christians in an Age of Hunger, strongly endorses the use of micro-loans as a means of getting desperately needed capital to those who need it...
Academic editorializing
The Telegraph reports that there is growing dissent among the ranks of some scientists, whose dissenting viewpoint is unable to find a place in many major academic journals. According to the story, Two of the world’s leading scientific journals e under fire from researchers for refusing to publish papers which challenge fashionable wisdom over global warming. … The controversy follows the publication by Science in December of a paper which claimed to have plete agreement among climate experts, not only...
‘Differences between being an Evangelical and being a Republican’
An excellent reflection on the role of Christianity and its relation to political loyalties from Joe Carter at the evangelical outpost (no longer online). The key conclusion: “As a fellow traveler of the GOP, I find myself walking side by side with the party toward the same goals. But at other times our paths will diverge and I must follow where my conscience as a Christian conservative leads me. After all, to stand with Christ means that I can’t always...
‘Hokey Religions and Ancient Weapons’
This es from Han Solo, which pretty well sums up his critique of Jedi knights in the Star Wars saga, “Hokey religions and ancient weapons are no match for a good blaster at your side.” I also wonder whether it might be apt in describing the sometimes contemptuous relationship between scientific progress and religion (Christianity in particular), as the guiding pragmatic ethos of naturalism wars against orthodox Christian belief. Forbes has posted a slideshow giving reviews of the various technologies...
Good intentions aren’t enough
Rev. Robert Sirico spoke with Frank Beckmann today on Detroit-based WJR about faith and politics, emphasizing the proper role of religion in society as providing a solid moral foundation with which to approach political, social, economic decisions. Sirico also talks with the emergence of what Pope Benedict XVI refers to as the dictatorship of relativism – an idea which views the expression of religion as an impedance on liberty – and suggests an understanding of the integration between faith and...
The best kind of charity
A post by Leslie Sillars over at Signs of the Times takes ABC’s show, “Extreme Makeover: Home Edition,” to task. His difficulty, essentially, is this: is this charity in any reasonable sense of the word? It looks like the best kind of charity—unmerited favor for someone in need, out of the blue—yet, ABC makes buckets of money on the program, Sears and the other sponsors get loads of exposure, and Ty and the rest of them are portrayed as angels...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved