St. Joseph of the Lakes

Recently reading the bulletin of the Cathedral of St. Paul I came across this article by the rector: Fr. John Ubel. I appreciate his insight and the insight he provides as he reflects on the recent Supreme Court Dobbs v. Jackson decision.

(Used with permission; published July 3,2022 in the Cathedral bulletin)

The Roman orator Cicero (†43 B. C.) demonstrated tremendous practical wisdom. In one of his most quoted aphorisms, he wrote: “Not to know what happened before one was born is always to be a child.” (De Oratore XXXIV). I am in full agreement, which is one reason I am such a proponent of knowing history. With last week’s historic U.S. Supreme Court Dobbs v. Jackson decision, it’s significance cannot be underestimated from myriad perspectives. For starters, it dawned upon me just how significant it is even from the standpoint of living Americans. It may surprise you to know that approximately 2/3 of Americans today were born after the infamous Roe v. Wade U.S. Supreme Court decision on 22 Jan. 1973. The vast majority of Americans have never lived in a nation without constitutionally protected legal abortion. It is all they have known.

There will be plenty of time to digest the contents of the Dobbs decision; its implications will play out differently in each of our fifty states. Though extremely happy in my vocation, I think I would have enjoyed being a lawyer– especially a constitutional lawyer. It is fascinating! Alas, I chose a different road, and to quote Robert Frost: “I took the one less traveled by, and that has made all the difference.” By less traveled, consider that 36,000 priests are in active ministry in the U.S. According to the American Bar Association, there are 1,116,967 practicing lawyers! Annually, there are as many graduates (35,287) from U.S. law schools as all of us priests! My proper place is not opining about the intricacies of stare decisis or precedent in detail. Legal scholars will dissect and debate this decision for years. I am focused on how the post-Roe landscape will develop.

In Minnesota, I suspect very little will change initially. Pro-life advocates may experience a letdown if state laws do not change immediately. The Court ruled that the issue of abortion is properly decided by the individual states. So, the work continues! Our U.S. Constitution established a federal democratic republic form of government. It is a democracy because we the people govern ourselves. It is a republic form of government because we have an indivisible union of 50 sovereign states. And honestly, many forget that. The purpose of our government is to “establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity.” (U.S. Constitution preamble) The Constitution limits the power of the federal government. We are not France or Great Britain.

The decision clarifies the role of the Federal government: “This Court cannot bring about the permanent resolution of a rancorous national controversy simply by dictating a settlement and telling the people to move on.” But on an issue as fundamental as life, it may surprise some that in Justice Kavanaugh’s concurring opinion, he wrote: “To be clear, then, the Court’s decision today does not outlaw abortion throughout the United States. On the contrary, the Court’s decision properly leaves the question of abortion for the people and their elected representatives in the democratic process...This Court therefore does not possess the authority either to declare a constitutional right to abortion or to declare a constitutional prohibition of abortion.” Thus, those who hoped for theSupreme Court to outlaw abortion were barking up the wrong tree. It is seen as a state’s issue. Where does that leave us today? The 1st century A.D. Roman poet Manlius wrote, “And the end depends upon the beginning.” (Finisque ab origine pendet). Archbishop Hebda noted in his statement following the release of the Dobbs decision: “For 50 years, the pro-life movement has stood in the breach, speaking up for the babies who have no voice; for the despairing parents, the moms and dads who thought they had no choice. Our dedicated faithful have prayed daily, been assaulted verbally and physically, been threatened and yet have stood fast for life.” From the beginning, countless advocates for life refused to give up or give in. Despite rapidly changing societal mores, they clung to the belief that by working tirelessly to assist women in need, they could change hearts and minds one at a time. The beginning of life is precious. A change in law would be preceded by personal conversion.

The task before us is truly herculean, requiring moral strength and courage. No issue in our nation has been as divisive as abortion, certainly not in my lifetime. Since I was nine years old, when this issue reared its ugly head, I have prayed that we could change course. The road ahead will be arduous and confrontational. Judicial decisions form a vital, though ultimately limited role when it is hearts that most need to change. This decision, far from signaling an end to a debate, merely inaugurates a new phase, one that involves advocating for life at every level of state government. My heartfelt thanks go out to the tireless apostles of life, whose zeal, compassion and love have inspired me for half a century. God bless you!