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

Paragraph 9 of 9

Sentence 3 of 4

The next sentence contains four claims, the first of which is the whole sentence:

“Instead, guided by the history and tradition that map the essential components of our Nation’s concept of ordered liberty, we must ask what the Fourteenth Amendment means by the term ‘liberty.’”

Here they are separated:

1. “Instead, guided by the history and tradition that map the essential components of our Nation’s concept of ordered liberty, we must ask what the Fourteenth Amendment means by the term ‘liberty.’”
2. “[G]uided by the history and tradition that map the essential components of our Nation’s concept of ordered liberty, we must ask what the Fourteenth Amendment means by the term ‘liberty.’”
3. “[H]istory and tradition [. . .] map the essential components of our Nation’s concept of ordered liberty
4. “[W]e must ask what the Fourteenth Amendment means by the term ‘liberty.’”

I’ll address them one at a time:

“Instead, guided by the history and tradition that map the essential components of our Nation’s concept of ordered liberty, we must ask what the Fourteenth Amendment means by the term ‘liberty.’”

In order to make sure I’m being fair to this sentence I’ll need to be clear about its parts.

“[G]uided by the history and tradition that map the essential components of our Nation’s concept of ordered liberty, we must ask what the Fourteenth Amendment means by the term ‘liberty.’”

This portion of the sentence is complicated, and this is in part because the Court has slipped into figurative language in this claim. What exactly is meant by “map the essential components?” I could speculate, but I’d rather investigate.

“[H]istory and tradition [. . .] map the essential components of our Nation’s concept of ordered liberty.”

If I only knew for sure what “map the essential components” means I’d have a chance at interpreting this. Also, is “our Nation’s concept of ordered liberty” different from other concepts of ordered liberty? Does our nation have a single concept of ordered liberty?

“[W]e must ask what the Fourteenth Amendment means by the term ‘liberty.’”

This is the whole point of this argument, isn’t it? If the Fourteenth Amendment protects liberties, we need to know what fits into the category of “liberty” addressed by the Fourteenth Amendment. This is a worthy goal, and once I get to the end of this section maybe I can determine if some of that work has been done.

This is an important sentence, and none of it is going to be deciphered at a glance—especially not the brief glance I’m giving it in this moment. I’ll leave these four claims undetermined for now:

• “Instead, guided by the history and tradition that map the essential components of our Nation’s concept of ordered liberty, we must ask what the Fourteenth Amendment means by the term ‘liberty.’”
• “[G]uided by the history and tradition that map the essential components of our Nation’s concept of ordered liberty, we must ask what the Fourteenth Amendment means by the term ‘liberty.’”
• “[H]istory and tradition [. . .] map the essential components of our Nation’s concept of ordered liberty
• “[W]e must ask what the Fourteenth Amendment means by the term ‘liberty.’”