Dobbs Sentences #74: Part II B 2 a

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

Paragraph 7 of 7

Sentence 2 of 2

To close out Part II B 2 a we have a sentence that includes two claims

“Moreover, we are aware of no common-law case or authority, and the parties have not pointed to any, that remotely suggests a positive right to procure an abortion at any stage of pregnancy.”

Here are the claims separated:

  • “[W]e are aware of no common-law case or authority [. . .] that remotely suggests a positive right to procure an abortion at any stage of pregnancy.”
  • “[T]he parties have not pointed to any [common-law case or authority] that remotely suggests a positive right to procure an abortion at any stage of pregnancy.”

The first claim seems to be more about the awareness of the Dobbs Court than it is about what information exists. The second claim could very well be true, but it will take some investigation to even approach confirming that. Both of them deserve actual scrutiny, so for now they’re both undetermined:

  • “[W]e are aware of no common-law case or authority [. . .] that remotely suggests a positive right to procure an abortion at any stage of pregnancy.”
  • “[T]he parties have not pointed to any [common-law case or authority] that remotely suggests a positive right to procure an abortion at any stage of pregnancy.”

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