A Jewish Perspective on the Merits, and Dangers, of a Supreme Court Reversal on Abortion

The overturning of Roe v. Wade is, to Rabbi Avi Shafran—who serves as director of public affairs for the ḥaredi Agudath Israel of America—justified on constitutional, political, religious, and moral grounds. Yet he also worries about the possible adverse effects, especially for Jews, of such a decision:

[L]eaving each state’s voters to balance respect for personal freedom with respect for nascent life, as a reversal of Roe would do, strikes me as reasonable, while the howls of outrage at that scenario strike me as overwrought. There are two important and conflicting concerns to be weighed against one another here, and the weighing isn’t accomplished by chants and placards.

At the same time that I will heartily welcome a reversal of Roe, should the draft opinion be adopted by the court when its decision is handed down later this term, I have concerns about what might follow—such as legislative proposals that would afford a fetus full rights as a person or that outlaw abortion without exception.

There are cases in which the option of abortion does need to be available—like when a pregnancy’s progression threatens the life of the potential mother. Jewish law permits, in fact requires, abortion in such cases, and the vast majority of Americans are of similar mind. There are also pregnancies in which the fetus has genetic abnormalities or will face a fatal disease after birth. Some Jewish sources consider that a circumstance in which a woman might also be sanctioned to undergo an abortion.

Roe was a sledgehammer, and wrongly wielded. In the wake of its reversal, citizens in each state would be charged with using a scalpel to instead craft laws that treat nascent life with respect while accommodating the protection of women’s well-being.

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Read more at NBC News

More about: Abortion, American law, Halakhah

How Jewish Democracy Endures

March 30 2023

After several weeks of passionate political conflict in Israel over judical reform, the tensions seem to be defused, or at least dialed down, for the time being. In light of this, and in anticipation of the Passover holiday soon upon us, Eric Cohen considers the way forward for both the Jewish state and the Jewish people. (Video, 8 minutes. A text is available at the link below.)

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Read more at Tikvah

More about: Israeli Judicial Reform, Israeli politics, Passover