Monthly Archives: January 2024
Dobbs Sentences #210: Part III
Paragraph 2 of 8 Sentence 2 of 6 Just one claim in this sentence: “It has been said that it is sometimes more important that an issue ‘“be settled than that it be settled right.”’ Kimble, 576 U.S., at 455 (quoting Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406 (1932) (Brandeis, J., […]
Dobbs Sentences #209: Part III
Paragraph 2 of 8 Sentence 1 of 6 This sentence has three claims: “We have long recognized, however, that stare decisis is ‘not an inexorable command,’ Pearson v. Callahan, 555 U. S. 223, 233 (2009) (internal quotation marks omitted), and it ‘is at its weakest when we interpret the Constitution,’ Agostini v. Felton, 521 U.S. […]
Dobbs Sentences #208: Part III
Paragraph 1 of 8 Sentence 8 of 8 This sentence is two claims: “Precedent is a way of accumulating and passing down the learning of past generations, a font of established wisdom richer than what can be found in any single judge or panel of judges.” N. Gorsuch, A Republic, If You Can Keep It […]
Dobbs Sentences #207: Part III
Paragraph 1 of 8 Sentence 7 of 8 This sentence contains two claims: “And it restrains judicial hubris and reminds us to respect the judgment of those who have grappled with important questions in the past.” The claims: Both of these claims involve the thoughts and emotions of Supreme Court Justices, and I’m just not […]
Dobbs History and Tradition #2
Earlier this week I was listening to Dahlia Lithwick’s Amicus podcast, and her guest was Ben Johnson, who has written about the Judiciary Act of 1925 and its corrosive effect on the integrity of the Court as a legitimate, authoritative judicial body. I was only half-listening, but I thought I heard Johnson say that the […]
Dobbs Sentences #206: Part III
Paragraph 1 of 8 Sentence 6 of 8 Once claim in this sentence: “It ‘contributes to the actual and perceived integrity of the judicial process.’ Ibid.” Restated for specificity: We just quoted this passage for the last sentence, but here it is again: “Stare decisis is the preferred course, because it promotes the evenhanded, predictable, […]
Dobbs Sentences #205: Part III
Paragraph 1 of 8 Sentence 5 of 8 Three closely-related claims here: “It fosters ‘evenhanded’ decisionmaking by requiring that like cases be decided in a like manner. Payne, 501 U.S., at 827.” Since the point has been made that stare decisis isn’t an “inexorable command,” I feel like the word “requiring” misstates the reality here. […]
Dobbs Sentences #204: Part III
Paragraph 1 of 8 Sentence 4 of 8 I count two claims in this sentence: “It ‘reduces incentives for challenging settled precedents, saving parties and courts the expense of endless relitigation.’ Kimble, 576 U.S., at 455.” The claims: Another partial definition of stare decisis. The citation in Kimble first references Payne before delivering the relevant […]
Dobbs Sentences #203: Part III
Paragraph 1 of 8 Sentence 3 of 8 Just one claim in this sentence: “It protects the interests of those who have taken action in reliance on a past decision. See Casey, 505 U.S., at 856 (joint opinion); see also Payne v. Tennessee, 501 U.S. 808, 828 (1991).” Here’s the claim without the citations: This […]
Dobbs Sentences #202: Part III
Paragraph 1 of 8 Sentence 2 of 8 This sentence contains three claims: “Stare decisis plays an important role in our case law, and we have explained that it serves many valuable ends.” The claims: I have no trouble believing that all three of these are true, but we’ll see what follows to support them. […]
Cynical Jason 