Monthly Archives: December 2023
Dobbs Sentences #178: Part II D 2
Paragraph 2 of 3 Sentence 2 of 2 This sentence contains two claims: “First, if the ‘long sweep of history’ imposes any restraint on the recognition of unenumerated rights, then Roe was surely wrong, since abortion was never allowed (except to save the life of the mother) in a majority of States for over 100 […]
Dobbs Sentences #177: Part II D 2
Paragraph 2 of 3 Sentence 1 of 2 I count two claims here: “The largely limitless reach of the dissenters’ standard is illustrated by the way they apply it here.” The claims: These need to be supported, so until I see that support these are undetermined:
Dobbs Sentences #176: Part II D 2
Paragraph 1 of 3 Sentence 2 of 2 At least five claims are packed into this sentence: “This vague formulation imposes no clear restraints on what Justice White called the ‘exercise of raw judicial power,’ Roe, 410 U.S., at 222 (dissenting opinion), and while the dissent claims that its standard ‘does not mean anything goes,’ […]
Dobbs Sentences #175: Part II D 2
Paragraph 1 of 3 Sentence 1 of 2 This sentence has three claims—one of which being the whole sentence: “Because the dissent cannot argue that the abortion right is rooted in this Nation’s history and tradition, it contends that the ‘constitutional tradition’ is ‘not captured whole at a single moment,’ and that its ‘meaning gains […]
Dobbs Sentences #174: Part II D 1
Paragraph 3 of 3 Sentence 5 of 5 Just one claim in this sentence: “The dissent cannot establish that a right to abortion has ever been part of this Nation’s tradition.” If this sentence said “has not established,” it would pretty obviously be true, because not only has the dissent not established that, they haven’t […]
Dobbs Sentences #173: Part II D 1
Paragraph 3 of 3 Sentence 4 of 5 This sentence is two claims: “And today, another half century later, more than half of the States have asked us to overrule Roe and Casey.” The claims: Once we’ve determined whether it is established that the states’ interest in protecting the fetus at all stages translates to […]
Dobbs Sentences #172: Part II D 1
Paragraph 3 of 3 Sentence 3 of 5 I see three claims in this sentence: “As explained, for more than a century after 1868—including ‘another half-century’ after women gained the constitutional right to vote in 1920, see post, at 15; Amdt. 19—it was firmly established that laws prohibiting abortion like the Texas law at issue […]
Dobbs Sentences #171: Part II D 1
Paragraph 3 of 3 Sentence 2 of 5 This sentence has two claims: “The dissent suggests that we have focused only on ‘the legal status of abortion in the 19th century,’ post, at 26, but our review of this Nation’s tradition extends well past that period.” The claims: As for the first claim, here is […]
Dobbs Sentences #170: Part II D 1
Paragraph 3 of 3 Sentence 1 of 5 This sentence is a single claim: “The dissent attempts to obscure this failure by misrepresenting our application of Glucksberg.” This is an awfully bitchy sentence for SCOTUS, isn’t it? It assigns “failure” to an action never attempted, for one thing. And an accusation of misrepresentation—that’s fun. Let’s […]
Dobbs Sentences #169: Part II D 1
Paragraph 2 of 3 Sentence 3 of 3 This sentence has four claims: “But despite the dissent’s professed fidelity to stare decisis, it fails to seriously engage with that important precedent—which it cannot possibly satisfy.” The claims: The first of these claims is true, expressed in the first section of the dissent: “One piece of […]
Cynical Jason 