Dobbs Sentences #208: Part III

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

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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 217 (2019).

The claims:

  • “Precedent is a way of accumulating and passing down the learning of past generations.”
  • Precedent is “a font of established wisdom richer than what can be found in any single judge or panel of judges.”

This is kind of embarrassing, to be honest. The quote isn’t even integrated into the Dobbs authors’ thoughts—it just sits here like a pocket of flour in a poorly-mixed cake batter. It carries the scent of platitude, and it’s lifted from Justice Gorsuch’s book. It isn’t even citing case law—it’s pimping product for Gorsuch.

As for the truth of the claims—they’re probably true, but I can’t take them seriously right now. I’ll have to come back later and see if I can read it without rolling my eyes. These are undetermined:

  • “Precedent is a way of accumulating and passing down the learning of past generations.”
  • Precedent is “a font of established wisdom richer than what can be found in any single judge or panel of judges.”

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