Monthly Archives: September 2023
Dobbs Sentences #72: Part II B 2 a
Paragraph 6 of 7 Sentence 4 of 4 The claim in the next sentence is a continuation of the last one: “But a physician performing an abortion would, precisely because his aim was an ‘unlawful’ one.” We’ve looked at this citation before, but here it is again: “But if a woman be with child, and […]
Dobbs Sentences #71: Part II B 2 a
Paragraph 6 of 7 Sentence 3 of 4 Simple claim in the next sentence: “These other physicians—even if ‘unlicensed’—would not be ‘guilty of murder or manslaughter.’ Hale 429.” Those words do indeed appear in the passage indicated. Here it is transcribed from Hale: “If a physician gives a person a potion without any intent of […]
Dobbs Sentences #70: Part II B 2 a
Paragraph 6 of 7 Sentence 2 of 4 Just one claim in the next sentence: “And it is revealing that Hale and Blackstone treated abortionists differently from other physicians or surgeons who caused the death of a patient ‘without any intent of doing [the patient] any bodily hurt.’ Hale 429; see 4 Blackstone 197.” To […]
Dobbs Sentences #69: Part II B 2 a
Paragraph 6 of 7 Sentence 1 of 4 The next paragraph opens with a sentence that contains two closely-related claims: “Notably, Blackstone, like Hale, did not state that this proto-felony-murder rule required that the woman be ‘with quick child’—only that she be ‘with child.’ Id., at 201.” That’s simple enough. Here are the claims separated: […]
Dobbs Sentences #68: Part II B 2 a
Paragraph 5 of 8 Sentence 5 of 5 This paragraph finishes with a single claim that’s both simply confirmed and more complex than it lets on: Here’s the tl;dr version: the claim is true. Blackstone wrote what Dobbs claims Blackstone wrote. What it doesn’t do (and Dobbs doesn’t make this claim here, but it’s a […]
Dobbs Sentences #67: Part II B 2 a
Paragraph 5 of 8 Sentence 4 of 5 This sentence is a single claim: “As Blackstone explained, to be ‘murder’ a killing had to be done with ‘malice aforethought, . . . either express or implied.’ 4 Blackstone 198 (emphasis deleted).” Here’s the cited quote in Blackstone: “Lastly, the killing must be committed with malice […]
Dobbs Sentences #66: Part II B 2 a
Paragraph 5 of 8 Sentence 3 of 5 The next sentence provides some support for the current train of thought: “Hale wrote that if a physician gave a woman ‘with child’ a ‘potion’ to cause an abortion, and the woman died, it was ‘murder’ because the potion was given ‘unlawfully to destroy her child within […]
Dobbs Sentences #65: Part II B 2 a
Paragraph 5 of 8 Sentence 2 of 5 The next sentence is a quick stop, since it’s a single claim that will need support that it doesn’t provide itself: “Hale and Blackstone explained a way in which a pre-quickening abortion could rise to the level of a homicide.” I’m excited to see that explanation. For […]
Dobbs Sentences #64: Part II B 2 a
Paragraph 5 of 8 Sentence 1 of 5 The next paragraph opens with a sentence with two claims, one of which is the whole sentence “That the common law did not condone even pre-quickening abortions is confirmed by what one might call a proto-felony-murder rule.” The claims: This obviously introduces the next subject, and whatever […]
Dobbs Sentences #63: Part II B 2 a
Paragraph 4 of 8 Sentence 3 of 3 The sentence that ends this paragraph has two simple claims: “Similarly, an indictment from 1602, which did not distinguish between a pre-quickening and post-quickening abortion, described abortion as ‘pernicious’ and ‘against the peace of our Lady the Queen, her crown and dignity’.” Keown 7 (discussing R. v. […]
Cynical Jason 