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

Paragraph 3 of 3

Sentence 1 of 3

Lots of claims in this sentence:

“So without support in history or relevant precedent, Roe’s reasoning cannot be defended even under the dissent’s proposed test, and the dissent is forced to rely solely on the fact that a constitutional right to abortion was recognized in Roe and later decisions that accepted Roe’s interpretation.”

The claims:

• “Roe’s reasoning” is “without support in history or relevant precedent,”
• “Roe’s reasoning cannot be defended even under the dissent’s proposed test.”
• “[W]ithout support in history or relevant precedent, Roe’s reasoning cannot be defended even under the dissent’s proposed test.”
• “[T]he dissent is forced to rely solely on the fact that a constitutional right to abortion was recognized in Roe and later decisions that accepted Roe’s interpretation.”
• “[A] constitutional right to abortion was recognized in Roe and later decisions that accepted Roe’s interpretation.”

The first claim is about what is not the case, so I’m going to need some time to address that one. Because of that, the second and third claims can’t be determined yet. The fourth claim is questionable (“forced to?”) and therefore also undetermined.

The fifth claim is true! That’s the whole point of Roe and of all of the decisions that have followed. But in the interest of thoroughness, I’m going to hold it as undetermined until I get around to assembling citations for it.

So for now, all five of these claims are undetermined:

• “Roe’s reasoning” is “without support in history or relevant precedent,”
• “Roe’s reasoning cannot be defended even under the dissent’s proposed test.”
• “[W]ithout support in history or relevant precedent, Roe’s reasoning cannot be defended even under the dissent’s proposed test.”
• “[T]he dissent is forced to rely solely on the fact that a constitutional right to abortion was recognized in Roe and later decisions that accepted Roe’s interpretation.”
• “[A] constitutional right to abortion was recognized in Roe and later decisions that accepted Roe’s interpretation.”