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Dobbs Sentences #51: Part II B 1

Paragraph 2 of 3 Sentence 3 of 4 The third sentence in this paragraph is one claim, but it contains a couple more claims that are worth looking at independently. Here’s the sentence: “American law followed the common law until a wave of statutory restrictions in the 1800s expanded criminal liability for abortions.” A paradigm […]

Dobbs Sentences #50: Part II B 1

Paragraph 2 of 3 Sentence 2 of 4 The next sentence consists of three more claims that need investigating: “At common law, abortion was criminal in at least some stages of pregnancy and was regarded as unlawful and could have very serious consequences at all stages.” Here are the claims separated: Nothing easily established. These […]

Dobbs Sentences #49: Part II B 1

Paragraph 2 of 3 Sentence 1 of 4 The first sentence of the second paragraph in II B 1 starts with a callback to the previous paragraph and then makes a new assertion: “Not only was there no support for such a constitutional right until shortly before Roe, but abortion had long been a crime […]

Dobbs Sentences #48: Part II B 1

Paragraph 1 of 3 Sentence 5 of 5 To finish the first paragraph of Part II B1, we get a sentence with three claims. Kinda. “And although law review articles are not reticent about advocating new rights, the earliest article proposing a constitutional right to abortion that has come to our attention was published only […]

Dobbs Sentences #47: Part II B 1

Paragraph 1 of 3 Sentence 4 of 5 The fourth sentence of this paragraph is one claim, but it breaks down in an interesting way: “Nor had any scholarly treatise of which we are aware.” As I said, the sentence is one claim, and the phrase “of which we are aware” renders it immune to […]

Dobbs Sentences #46: Part II B 1

Paragraph 1 of 3 Sentence 3 of 5 The third sentence in this paragraph is another single claim: “Until a few years before Roe was handed down, no federal or state court had recognized such a right.” And like the previous sentence, this claim will need some digging to substantiate. It’s easy enough to identify […]

Dobbs Sentences #45: Part II B 1

The second sentence in this section is a single claim: “No state constitutional provision had recognized such a right.” There’s obviously no quick way to check this, so I’ll leave it undetermined for now.

Dobbs Sentences #44: Part II B 1

Course corrected. Okay. I got myself under control again. My purpose here isn’t to synthesize information to create broader judgements—it’s to break down complex ideas into their component parts for examination. I lost track of that for a bit. I’m going to continue with the breakdown of sentences until I get to the end of […]

Course Correction #1

Those last two posts are terrible. If they were meant to be the presentations of findings in the investigation they fail, but they’re not that. They’re just my notes kept in a public place so I can keep track of where I’m going and people can (theoretically, so far) call me out on mistakes. Jumbled […]

Dobbs: Ordered Liberty #2

I took a quick look at this paragraph from the Timbs decision in the last post: “When ratified in 1791, the Bill of Rights applied only to the Federal Government. Barron ex rel. Tiernan v. Mayor of Baltimore, 7 Pet. 243 (1833). ‘The constitutional Amendments adopted in the aftermath of the Civil War,’ however, ‘fundamentally […]