As always, you can find the Dobbs v. Jackson decision here.
Paragraph 4 of 5
Sentence 2 of 7
This sentence looks like it has four claims:
“Rather, wielding nothing but “raw judicial power,” Roe, 410 U.S., at 222 (White, J., dissenting), the Court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people.”
The claims:
- The Roe Court“wield[ed] nothing but “raw judicial power.”
- [T]he Court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people.”
- The issue of abortion is “a question of profound moral and social importance.”
- “[T]he Constitution unequivocally leaves [the question of abortion] for the people.”
The first claim is a little funny:
- The Roe Court“wield[ed] nothing but “raw judicial power.”
This isn’t even a substantive claim—more an expression of contempt. The phrase “raw judicial power” appears as advertised in Justice White’s dissent from Roe:
“As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but in my view its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.”
Strange that what Justice White explicitly acknowledged as his subjective opinion is expressed in Dobbs as objective fact. I’m not sure that this claim can be evaluated on merit, so I’m going to leave it undetermined.
The second claim is different. That can be checked for truth, and when the time comes I’ll do that. Also undetermined for now.
The third claim is more subjective, but one that seems true. I’m inclined to just allow it as true, but I’ll hold back for now.
The fourth claim is the most significant here, and also the least simply addressed. It’s an important point, and maybe the next paragraphs are devoted to supporting it. We’ll see.
That leaves us with four undetermined claims in this sentence:
- The Roe Court“wield[ed] nothing but “raw judicial power.”
- [T]he Court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people.”
- The issue of abortion is “a question of profound moral and social importance.”
- “[T]he Constitution unequivocally leaves [the question of abortion] for the people.”
