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Dobbs: Ordered Liberty #1
So far I’ve looked at all of the sentences in Part II section A 1 & 2 and quickly assessed whether the claims in those sentences can be determined true. I came up with many true claims and even more undetermined claims (with one of those likely false). One of the factors preventing me from […]
Dobbs Sentences #43: Part II A 2
Paragraph 9 of 9 Sentence 4 of 4 The final sentence of Part II Section A is a declaration: “When we engage in that inquiry in the present case, the clear answer is that the Fourteenth Amendment does not protect the right to an abortion.” I have to admit that on this pass through this […]
Dobbs Sentences #42: Part II A 2
Paragraph 9 of 9 Sentence 3 of 4 The next sentence contains four claims, the first of which is the whole sentence: “Instead, guided by the history and tradition that map the essential components of our Nation’s concept of ordered liberty, we must ask what the Fourteenth Amendment means by the term ‘liberty.’” Here they […]
Dobbs Sentences #41: Part II A 2
Paragraph 9 of 9 Sentence 2 of 4 The next sentence is single assertion—a judgment rather than a supportable claim—and there’s a little humor in the subtext: “The Court must not fall prey to such an unprincipled approach.” This refers to the previous sentence and the idea that Lochner v. New York and other decisions […]
Dobbs Sentences #40: Part II A 2
Paragraph 9 of 9 Sentence 1 of 4 The next paragraph starts with a sentence containing four claims: “On occasion, when the Court has ignored the ‘[a]ppropriate limits’ imposed by ‘“respect for the teachings of history,”’ Moore, 431 U. S., at 503 (plurality opinion), it has fallen into the freewheeling judicial policymaking that characterized discredited […]
Dobbs Sentences #39: Part II A 2
Paragraph 8 of 9 Sentence 4 of 4 The last sentence of this paragraph is basically a single claim, but there is a second suggestion that is a sort of claim: “As the Court cautioned in Glucksberg, ‘[w]e must . . . exercise the utmost care whenever we are asked to break new ground in […]
Dobbs Sentences #38: Part II A 2
Paragraph 8 of 9 Sentence 3 of 4 The next sentence is a strange one, and it contains two claims: “’Substantive due process has at times been a treacherous field for this Court,’ Moore v. East Cleveland, 431 U. S. 494, 503 (1977) (plurality opinion), and it has sometimes led the Court to usurp authority […]
Dobbs Sentences #37: Part II A 2
Paragraph 8 of 9 Sentence 2 of 4 On the surface the next sentence seems innocuous, but there’s a sly maneuver happening in this single claim: “That is why the Court has long been ‘reluctant’ to recognize rights that are not mentioned in the Constitution. Collins v. Harker Heights, 503 U. S. 115, 125 (1992).” […]
Dobbs Sentences #36: Part II A 2
Paragraph 8 of 9 Sentence 1 of 4 The next sentence is a single simple claim that makes an important distinction: “In interpreting what is meant by the Fourteenth Amendment’s reference to ‘liberty,’ we must guard against the natural human tendency to confuse what that Amendment protects with our own ardent views about the liberty […]
Dobbs Sentences #35: Part II A 2
Paragraph 7 of 9 Sentence 4 of 4 The next sentence is a single claim: “In a well-known essay, Isaiah Berlin reported that ‘[h]istorians of ideas’ had cataloged more than 200 different senses in which the term had been used.” The essay in question is “Two Concepts of Liberty.” The Court has cited the book […]
Cynical Jason 