Monthly Archives: April 2023
Dobbs Sentences #10: Part II A 1
Paragraph 3 of 5 Sentence 5 of 6 This sentence doesn’t add much to the argument, but it does add to the attitude. This part is where Alito and his clerks took a day off and Mrs. Johnson’s middle school debate team picked up the pen. The sentence: “Roe expressed the “feel[ing]” that the Fourteenth […]
Dobbs Sentences #9: Part II A 1
Paragraph 3 of 5 Sentence 4 of 6 This feels like it’s covering the same ground as previous sentences, but it probably isn’t, which can just serve as a reminder to me about how little I really know about legal theory. Here’s the sentence: “And a third path was that the First, Fourth, and Fifth […]
Dobbs Sentences #8: Part II A 1
Paragraph 3 of 5 Sentence 3 of 6 The next sentence involves ideas that will take some investigation at some point. For now I’ll just make sure they are what they say they are. “Another was that the right was rooted in the First, Fourth, or Fifth Amendment, or in some combination of those provisions, […]
Dobbs Sentences #7: Part II A 1
Paragraph 3 of 5 Sentence 2 of 6 This sentence is a single claim, and it’s easy to check since it’s a direct quote from Roe and includes a citation: One possibility was that the right was “founded . . . in the Ninth Amendment’s reservation of rights to the people.” Id., at 153. And […]
Dobbs Sentences #6: Part II A 1
Paragraph 3 of 5 Sentence 1 of 6 The first sentence in the third paragraph of this portion of Dobbs is a thesis statement, and its support should come in the following sentences. In a way, though, it’s an expansion on the last sentence of the previous paragraph. Instead of enumerating the parts of the […]
Dobbs Sentences #5: Part II A 1
Paragraph 2 of 5 Sentence 3 of 3 To finish out this paragraph we have a third sentence that sticks pretty closely to the previous one. “And that privacy right, Roe observed, had been found to spring from no fewer than five different constitutional provisions—the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.” Id., at 152. […]
Dobbs Sentences #4: Part II A 1
Paragraph 2 of 5 Sentence 2 of 3 Now we start actually engaging with Roe (read and download here). The point being made isn’t controversial, but it’s necessary to lay out the basics. The sentence reads: “It held that the abortion right, which is not mentioned in the Constitution, is part of a right to […]
Dobbs Sentences #3: Part II A 1
Paragraph 2 of 5 Sentence 1 of 3 There isn’t a good way to mark the next sentence as true or false, and there may never be. It is an assertion. It is a claim. It’s just not exactly verifiable or falsifiable. Here it is: “Roe, however, was remarkably loose in its treatment of the […]
Dobbs Sentences #2: Part II A 1
Paragraph 1 of 5 Sentence 2 of 2 The Constitution makes no express reference to a right to obtain an abortion, and therefore those who claim that it protects such a right must show that the right is somehow implicit in the constitutional text. This is simpler as it doesn’t refer to any sources for […]
Dobbs: Undetermined Claims
This is where I’m going to list all of the claims I haven’t determined to be either true or false as I go through Dobbs v. Jackson. Nothing is ever set in stone–if you think anything here is wrong, let me know. If your argument is good, if it’s well supported, I’ll change my mind […]
Cynical Jason 