Monthly Archives: September 2023
Dobbs Sentences #92: Part II B 2 c
Paragraph 5 of 6 Sentence 1 of 2 More of the same. “The trend in the Territories that would become the last 13 States was similar: All of them criminalized abortion at all stages of pregnancy between 1850 (the Kingdom of Hawaii) and 1919 (New Mexico). See Appendix B, infra; see also Casey, 505 U.S., […]
Dobbs Sentences #91: Part II B 2 c
Paragraph 4 of 6 Sentence 3 of 3 Third time’s the charm! Another sentence with a single claim: “Of the nine States that had not yet criminalized abortion at all stages, all but one did so by 1910. See ibid.” It refers to Appendix A again, so it’s still way too much to dig into […]
Dobbs Sentences #90: Part II B 2 c
Paragraph 4 of 6 Sentence 2 of 3 This sentence is similar to the last one: “By 1868, the year when the Fourteenth Amendment was ratified, three-quarters of the States, 28 out of 37, had enacted statutes making abortion a crime even if it was performed before quickening.34” One claim, and it doesn’t need isolating […]
Dobbs Sentences #89: Part II B 2 c
Paragraph 4 of 6 Sentence 1 of 3 Another sentence with a single claim: “In this country during the 19th century, the vast majority of the States enacted statutes criminalizing abortion at all stages of pregnancy. See Appendix A, infra (listing state statutory provisions in chronological order).33” The claim: If you’re interested, you should check […]
Dobbs Sentences #88: Part II B 2 c
Paragraph 3 of 6 Sentence 4 of 4 One claim in this sentence: “One scholar has suggested that Parliament’s decision ‘may partly have been attributable to the medical man’s concern that fetal life should be protected by the law at all stages of gestation.’ Keown 22.” I still don’t have access to Dr. John Keown’s […]
Dobbs Sentences #87: Part II B 2 c
Paragraph 3 of 6 Sentence 3 of 4 Just one claim in this sentence, and it’s a strange one: “In 1803, the British Parliament made abortion a crime at all stages of pregnancy and authorized the imposition of severe punishment. See Lord Ellenborough’s Act, 43 Geo. 3, c. 58 (1803).” I found the cited passage […]
Dobbs Sentences #86: Part II B 2 c
Paragraph 3 of 6 Sentence 2 of 4 Just one claim in the next sentence, but the citations attached to this sentence are an explosion of avenues for investigation: “During that period, treatise writers and commentators criticized the quickening distinction as ‘neither in accordance with the result of medical experience, nor with the principles of […]
Dobbs Sentences #85: Part II B 2 c
Paragraph 3 of 6 Sentence 1 of 4 There are three claims in the next sentence: “At any rate, the original ground for the quickening rule is of little importance for present purposes because the rule was abandoned in the 19th century.” Just when I was feeling like a slacker for not pursuing the citations […]
Dobbs Sentences #84: Part II B 2 c
Paragraph 2 of 6 Sentence 2 of 2 The second sentence in this paragraph has two claims: “But the case on which the Solicitor General relies for this proposition also suggested that the criminal law’s quickening rule was out of step with the treatment of prenatal life in other areas of law, noting that ‘to […]
Dobbs Sentences #83: Part II B 2 c
Paragraph 2 of 6 Sentence 1 of 2 The next paragraph opens with a sentence consisting of one claim: “The Solicitor General offers a different explanation of the basis for the quickening rule, namely, that before quickening the common law did not regard a fetus ‘as having a “separate and independent existence.”’ Brief for United […]
Cynical Jason 