Monthly Archives: September 2023
Dobbs Sentences #82: Part II B 2 c
Paragraph 1 of 6 Sentence 2 of 2 This sentence is a history lesson in two claims: “At that time, there were no scientific methods for detecting pregnancy in its early stages,31 and thus, as one court put it in 1872: ‘[U]ntil the period of quickening there is no evidence of life; and whatever may […]
Dobbs Sentences #81: Part II B 2 c
Paragraph 1 of 6 Sentence 1 of 2 Starting the new section: “The original ground for drawing a distinction between pre- and post-quickening abortions is not entirely clear, but some have attributed the rule to the difficulty of proving that a pre-quickening fetus was alive.” Two claims: Excellent. Let’s see where this goes. Undetermined:
Dobbs Sentences #80: Part II B 2 b
Paragraph 2 of 2 Sentence 3 of 3 The final sentence for this section is a single claim: “And by the 19th century, courts frequently explained that the common law made abortion of a quick child a crime. See, e.g., Smith v. Gaffard, 31 Ala. 45, 51 (1857); Smith v. State, 33 Me. 48, 55 […]
Dobbs Sentences #79: Part II B 2 b
Paragraph 2 of 2 Sentence 2 of 3 Finally. The next sentence is a single claim, and one that’s easily tracked down and confirmed: “In Maryland in 1652, for example, an indictment charged that a man ‘Murtherously endeavoured to destroy or Murther the Child by him begotten in the Womb.’ Proprietary v. Mitchell, 10 Md. […]
Dobbs Sentences #78: Part II B 2 b
Paragraph 2 of 2 Sentence 1 of 3 The opening sentence of the next paragraph has a single claim: “The few cases available from the early colonial period corroborate that abortion was a crime. See generally Dellapenna 215–228 (collecting cases).” But I don’t have easy access to the Dellapenna book, so this will have to […]
Dobbs Sentences #77: Part II B 2 b
Paragraph 1 of 2 Sentence 3 of 3 There’s a lot going on in the next sentence: Manuals for justices of the peace printed in the Colonies in the 18th century typically restated the common-law rule on abortion, and some manuals repeated Hale’s and Blackstone’s statements that anyone who prescribed medication “unlawfully to destroy the […]
Dobbs Sentences #76: Part II B 2 b
Paragraph 1 of 2 Sentence 2 of 3 This thought continues with a sentence comprising three claims: “The ‘most important early American edition of Blackstone’s Commentaries,’ District of Columbia v. Heller, 554 U. S. 570, 594 (2008), reported Blackstone’s statement that abortion of a quick child was at least ‘a heinous misdemeanor,’ 2 St. George […]
Dobbs Sentences #75: Part II B 2 b
Paragraph 1 of 2 Sentence 1 of 3 The next section opens with a simple claim: “In this country, the historical record is similar.” I guess we will see. This is undetermined for obvious reasons:
Dobbs Sentences #74: Part II B 2 a
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 […]
Dobbs Sentences #73: Part II B 2 a
Paragraph 7 of 7 Sentence 1 of 2 Two claims in this sentence: “In sum, although common-law authorities differed on the severity of punishment for abortions committed at different points in pregnancy, none endorsed the practice.” The claims separated: The first of these quotes seems to be true, but I’m going to need to dig […]
Cynical Jason 