Monthly Archives: April 2023
Dobbs Sentences #19: Part II A 2
Paragraph 1 of 9 Sentences 2 of 2 The next sentence is a single claim, and that claim is simple and easily confirmed: “But our decisions have held that the Due Process Clause protects two categories of substantive rights.” Easily, but not immediately. I’ll come back to this after the Court explains. This is undetermined.
Dobbs Sentences #18: Part II A 2
Paragraph 1 of 9 Sentence 1 of 2 Even though we’re beginning a new section, this paragraph flows so completely from the last paragraph of the previous section that a reader who takes a break between sections might have to reverse gears a moment to make sense of this first sentence in Part II Section […]
Dobbs Sentences #17: Part II A 1
Paragraph 5 of 5 Sentences 1 of 1 The fifth paragraph in this subsection is one sentence long, and the only work that sentence does is to transition to the next line of thinking. “With this new theory addressed, we turn to Casey’s bold assertion that the abortion right is an aspect of the “liberty” protected […]
Dobbs Sentences #16: Part II A 1
Paragraph 4 of 5 Sentences 5 and 6 of 6 The last two sentences of this paragraph can be dealt with together, since neither can be confirmed in the moment: “Accordingly, laws regulating or prohibiting abortion are not subject to heightened scrutiny. Rather, they are governed by the same standard of review as other health […]
Dobbs Sentences #15: Part II A 1
Dobbs Part II A 1 Paragraph 4 of 5 Sentence 4 of 6 The fourth sentence of this paragraph looks like a single claim, but it’s actually two claims: “And as the Court has stated, the ‘goal of preventing abortion’ does not constitute ‘invidiously discriminatory animus’ against women. Bray v. Alexandria Women’s Health Clinic, 506 […]
Dobbs Sentences #14: Part II A 1
Paragraph 4 of 5 Sentence 3 of 6 Next we have a sentence that contains a single claim and which references only one source, so this should be uncomplicated: “The regulation of a medical procedure that only one sex can undergo does not trigger heightened constitutional scrutiny unless the regulation is a ‘mere pretex[t] designed […]
Dobbs: References
Founding U.S. Documents SCOTUS Decisions Articles Other Historical Material
Dobbs Sentences #13: Part II A 1
Paragraph 4 of 5 Sentence 2 of 6 This sentence raises several points that will require support that isn’t immediately apparent. As the paragraph develops I’ll probably have to come back to revise what I’ve written here. That’s true of the whole decision generally, though. What is undetermined in the moment could very well be […]
Dobbs Sentences #12: Part II A 1
Paragraph 4 of 5 Sentence 1 of 6 The next paragraph addresses a side-issue, something not discussed in either Roe or Casey but introduced in amicus briefs for Dobbs: “We discuss this theory in depth below, but before doing so, we briefly address one additional constitutional provision that some of respondents’ amici have now offered […]
Dobbs Sentences #11: Part II A 1
Paragraph 3 of 5 Sentence 6 of 6 The snark of the last couple of sentences continues to the end of the paragraph. We’re still just establishing arguments made in the past—in this case in the Casey decision—and haven’t made a move toward deciding the case yet. Here’s the last sentence of this paragraph: “The […]
Cynical Jason 