Dobbs Sentences #178: Part II D 2

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

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 years before that decision was handed down.”

The claims:

  • “[I]f the ‘long sweep of history’ imposes any restraint on the recognition of unenumerated rights, then Roe was surely wrong.”
  • “[A]bortion was never allowed (except to save the life of the mother) in a majority of States for over 100 years before that decision was handed down.”

On the first claim, I’ve already noted that the “if” portion of the conditional statement is undetermined, so that statement as a whole will be undetermined until that changes. And the second claim, while simple, is going to take more work than a quick pass will allow.

So these remain undetermined:

  • “[I]f the ‘long sweep of history’ imposes any restraint on the recognition of unenumerated rights, then Roe was surely wrong.”
  • “[A]bortion was never allowed (except to save the life of the mother) in a majority of States for over 100 years before that decision was handed down.”

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