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

Paragraph 1 of 3

Sentence 4 of 5

The fourth sentence of this paragraph is one claim, but it breaks down in an interesting way:

“Nor had any scholarly treatise of which we are aware.”

As I said, the sentence is one claim, and the phrase “of which we are aware” renders it immune to verification or falsification. The Court is making an assertion about its own knowledge at the time of writing, and the only way to investigate that part of the claim would be to access the Court’s thoughts.

Daunting task, right?

The other part of the sentence, if taken separately from the last part, can be checked into, but that investigation won’t address the claim made here. Eventually I’ll look into whether “any scholarly treatise” existed prior to Roe that advocated for the rights in question, but for now this has to go undetermined:

• Nor had any scholarly treatise of which we are aware.