As always, you can find the Dobbs v. Jackson decision here.
Paragraph 10 of 11
Sentence 2 of 2
On claim and a fistful of sources with this sentence:
“Many judicial decisions from the late 19th and early 20th centuries made that point. See, e.g., Nash v. Meyer, 54 Idaho 283, 301, 31 P. 2d 273, 280 (1934); State v. Ausplund, 86 Ore. 121, 131–132, 167 P. 1019, 1022–1023 (1917); Trent v. State, 15 Ala. App. 485, 488, 73 S. 834, 836 (1916); State v. Miller, 90 Kan. 230, 233, 133 P. 878, 879 (1913); State v. Tippie, 89 Ohio St. 35, 39–40, 105 N.E. 75, 77 (1913); State v. Gedicke, 43 N.J.L. 86, 90 (1881); Dougherty v. People, 1 Colo. 514, 522–523 (1873); State v. Moore, 25 Iowa 128, 131–132 (1868); Smith, 33 Me., at 57; see also Memphis Center for Reproductive Health v. Slatery, 14 F. 4th 409, 446, and n. 11 (CA6 2021) (Thapar, J., concurring in judgment in part and dissenting in part) (citing cases).”
Well, here’s that support I was asking for. Here’s the claim without citations:
- “Many judicial decisions from the late 19th and early 20th centuries made that point.”
And here are the citations without the claim:
- Nash v. Meyer, 54 Idaho 283, 301, 31 P. 2d 273, 280 (1934);
- State v. Ausplund, 86 Ore. 121, 131–132, 167 P. 1019, 1022–1023 (1917);
- Trent v. State, 15 Ala. App. 485, 488, 73 S. 834, 836 (1916);
- State v. Miller, 90 Kan. 230, 233, 133 P. 878, 879 (1913);
- State v. Tippie, 89 Ohio St. 35, 39–40, 105 N.E. 75, 77 (1913);
- State v. Gedicke, 43 N.J.L. 86, 90 (1881);
- Dougherty v. People, 1 Colo. 514, 522–523 (1873);
- State v. Moore, 25 Iowa 128, 131–132 (1868);
- Smith, 33 Me., at 57;
- Memphis Center for Reproductive Health v. Slatery, 14 F. 4th 409, 446, and n. 11 (CA6 2021) (Thapar, J., concurring in judgment in part and dissenting in part) (citing cases).
So that’s some research that will need to be done when this claim hits the top of the priority list. For now, we’ll leave it alone. This is undetermined:
- “Many judicial decisions from the late 19th and early 20th centuries made that point.”
