Monthly Archives: October 2023
Dobbs Sentences #112: Part II B 3
Paragraph 5 of 11 Sentence 2 of 4 Two more claims in the next sentence: “These articles have been discredited,38 and it has come to light that even members of Jane Roe’s legal team did not regard them as serious scholarship.” The claims: I have no doubt that the articles have been disputed, and end […]
Dobbs Sentences #111: Part II B 3
Paragraph 5 of 11 Sentence 1 of 4 The next paragraph opens with two claims: “Instead of following these authorities, Roe relied largely on two articles by a pro-abortion advocate who claimed that Coke had intentionally misstated the common law because of his strong anti-abortion views.37” And here are the two claims: I’m not even […]
Dobbs Sentences #110: Part II B 3
Paragraph 4 of 11 Sentence 4 of 4 The final sentence of this paragraph contains at least two claims: “Moreover, Hale and Blackstone (and many other authorities following them) asserted that even a pre-quickening abortion was ‘unlawful’ and that, as a result, an abortionist was guilty of murder if the woman died from the attempt.” […]
Dobbs Sentences #109: Part II B 3
Paragraph 4 of 11 Sentence 3 of 4 There are a few tightly-bound claims in this sentence: “But as we have seen, great common-law authorities like Bracton, Coke, Hale, and Blackstone all wrote that a post-quickening abortion was a crime—and a serious one at that.” Here’s where we get into issues that annoy people who […]
Dobbs Sentences #108: Part II B 3
Paragraph 4 of 11 Sentence 2 of 4 This sentence consists of one claim: “The Solicitor General repeats Roe’s claim that it is ‘“doubtful” . . . “abortion was ever firmly established as a common-law crime even with respect to the destruction of a quick fetus.”’ Brief for United States 26 (quoting Roe, 410 U.S., […]
Dobbs Sentences #107: Part II B 3
Paragraph 4 of 11 Sentence 1 of 4 The next sentence contains two simple claims here, but one of them is a doozy: “A few of respondents’ amici muster historical arguments, but they are very weak.” The claims: The first claim is verifiable, though it will take some work—some of which is hopefully undertaken in […]
Dobbs Sentences #106: Part II B 3
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 […]
Dobbs Sentences #105: Part II B 3
Paragraph 3 of 11 Sentence 1 of 2 The next paragraph starts with a sentence containing two claims: “Not only are respondents and their amici unable to show that a constitutional right to abortion was established when the Fourteenth Amendment was adopted, but they have found no support for the existence of an abortion right […]
Dobbs Sentences #104: Part II B 3
Paragraph 2 of 11 Sentence 3 of 3 This sentence has two claims. I feel like I’ve been pretty careless lately and might have missed some nuance in recent sentences, but that’s why this is just a first pass. Anyway, here’s the sentence: “But that argument flies in the face of the standard we have […]
Dobbs Sentences #103: Part II B 3
Paragraph 2 of 11 Sentence 2 of 3 Another sentence with a single claim: “Instead, respondents are forced to argue that it ‘does [not] matter that some States prohibited abortion at the time Roe was decided or when the Fourteenth Amendment was adopted.’ Brief for Respondents 21.” That’s a weird phrase: “respondents are forced to,” […]
Cynical Jason 