Dobbs Sentences #12: Part II A 1

As always, you can find the Dobbs v. Jackson decision here.

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 as yet another potential home for the abortion right: the Fourteenth Amendment’s Equal Protection Clause. See Brief for United States as Amicus Curiae 24 (Brief for United States); see also Brief for Equal Protection Constitutional Law Scholars as Amici Curiae.

This can be separated into two claims:

  1. “We discuss this theory in depth below,
  2. we briefly address one additional constitutional provision that some of respondents’ amici have now offered as yet another potential home for the abortion right: the Fourteenth Amendment’s Equal Protection Clause.

The first claim isn’t interesting. It’s just helping the reader through this document:

“We discuss this theory in depth below.”

The second claim requires some reconfiguration of the text to make sense of:

we briefly address one additional constitutional provision that some of respondents’ amici have now offered as yet another potential home for the abortion right: the Fourteenth Amendment’s Equal Protection Clause.

. . . becomes . . .

“[S]ome of respondents’ amici have offered yet another [constitutional provision as a] potential home for the abortion right: the Fourteenth Amendment’s Equal Protection Clause.”

These are offered in two amicus briefs that I’m having some trouble locating so far. Since this matter seems to be confined to just this paragraph I’m going to slip past it for now while I work on finding the briefs. So far I’m relying on this page, and I don’t see anything labeled “Brief for United States as Amicus Curiae 24 (Brief for United States).”

For now I’ll just mark these undetermined.

“We discuss this theory in depth below.”

“[S]ome of respondents’ amici have offered yet another [constitutional provision as a] potential home for the abortion right: the Fourteenth Amendment’s Equal Protection Clause.”

Leave a comment