James Wilson Institute Podcast

JWI Affiliated Scholar & Professor of Philosophy Frank Beckwith confronts a troubling trend among some legal scholars who, in the aftermath of the Dobbs decision, have constructed and advocated for a right to abortion rooted in religious liberty. Since the overturning of Roe v. Wade and Casey in Dobbs, an increasing number of scholars argue that the Constitution may still vindicate the right to abortion, but through the First Amendment’s two religion clauses. They argue that state laws that limit access to abortion on the grounds that the fetus is a person or that prenatal life is sacred violate the Establishment Clause, since such laws are based on a contested religious view of what constitutes “personhood.” They also argue that prolife laws violate the Free Exercise rights of women whose religious views either permit or require them to procure an abortion in certain circumstances.Because all current post-Dobbs prolife laws include exceptions--such as for the life of the mother, substantial health risk