Dobbs Sentences #106: Part II B 3

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

Paragraph 3 of 11

Sentence 2 of 2

One claim in the next sentence, but it addresses several angles:

“The earliest sources called to our attention are a few district court and state court decisions decided shortly before Roe and a small number of law review articles from the same time period.36”

Here are the items called to the Court’s attention:

  • a few district court and state court decisions decided shortly before Roe
  • a small number of law review articles from the same time period.

It will take some work to determine if those were actually all of the examples that came up, and even more thought to determine if the Court is justified in dismissing the argument based on the evidence.

Here are the sources to check in end note 36:

  • See 410 U.S., at 154–155 (collecting cases decided between 1970 and 1973);
  • Means, The Phoenix of Abortional Freedom: Is a Penumbral or Ninth-Amendment Right About To Arise From the Nineteenth-Century Legislative Ashes of a Fourteenth-Century Common-Law Liberty? 17 N.Y.L. Forum 335, 337–339 (1971) (Means II);
  • C. Means, The Law of New York Concerning Abortion and the Status of the Foetus, 1664–1968: A Case of Cessation of Constitutionality, 14 N.Y.L. Forum 411 (1968) (Means I); Lucas 730.

This is undetermined:

  • “The earliest sources called to our attention are a few district court and state court decisions decided shortly before Roe and a small number of law review articles from the same time period.”

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