Monthly Archives: May 2023

Dobbs Sentences #27: Part II A 2

Paragraph 5 of 9 Sentence 1 of 3 The next paragraph starts with a sentence that contains two claims: “A similar inquiry was undertaken in McDonald, which held that the Fourteenth Amendment protects the right to keep and bear arms.” Here are the two claims: Since this is the topic sentence, the claims made here […]

Dobbs Sentences #26: Part II A 2

Paragraph 4 of 9 Sentence 2 of 2 The next sentence is only one claim, but it contains a number of elements: “In concluding that the Eighth Amendment’s protection against excessive fines is “fundamental to our scheme of ordered liberty” and “deeply rooted in this Nation’s history and tradition,” 586 U. S., at ___ (slip […]

Dobbs Sentences #25: Part II A 2

Paragraph 4 of 9 Sentence 1 of 2 The opening sentence of the next paragraph contains a single claim: “Justice Ginsburg’s opinion for the Court in Timbs is a recent example.” Without getting into the content of Ginsburg’s opinion, the facts of this claim are pretty easy to establish. Timbs was decided in 2019, and […]

Dobbs Sentences #24: Part II A 2

Paragraph 3 of 9 Sentence 2 of 2 Just one claim in this sentence, and it’s a minor one: “And in conducting this inquiry, we have engaged in a careful analysis of the history of the right at issue.” It remains to be seen how true this is, but we’ll see when the analysis is […]

Dobbs Sentences #23: Part II A 2

Paragraph 3 of 9 Sentence 1 of 2 This first sentence in the third paragraph of this section comes with a boatload of citations: “In deciding whether a right falls into either of these categories, the Court has long asked whether the right is “deeply rooted in [our] history and tradition” and whether it is […]

Dobbs Sentences #22: Part II A 2

Paragraph 2 of 9 Sentence 3 of 3 There are two claims in this next sentence, but only one is interesting: “The second category—which is the one in question here—comprises a select list of fundamental rights that are not mentioned anywhere in the Constitution. We can dispense with the claim that we are interested in […]

Dobbs Sentences #21: Part II A 2

Paragraph 2 of 9 Sentence 2 of 3 The next sentence provides a path to understanding the previous sentence, but it also covers material that we saw in section A: “Those Amendments originally applied only to the Federal Government, Barron ex rel. Tiernan v. Mayor of Baltimore, 7 Pet. 243, 247–251 (1833) (opinion for the […]

Dobbs Sentences #20: Part II A 2

Paragraph 2 of 9 Sentences 1 of 3 The first sentence in this paragraph is framing the discussion. It’s technically a claim, but its role is support:  ”The first consists of rights guaranteed by the first eight Amendments.” It’s simple. No citations or references or footnotes. The truth of this claim will be established by […]