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Dobbs Sentences #34: Part II A 2
Paragraph 7 of 9 Sentence 3 of 4 The third sentence in this paragraph might look like one claim at first glance, but really it’s two. Neither is really interesting: “As Lincoln once said: ‘We all declare for Liberty; but in using the same word we do not all mean the same thing.’” Here are […]
Dobbs Sentences #33: Part II A 2
Paragraph 7 of 9 Sentence 2 of 4 The next sentence is simple, but can’t really be assessed on its own merits: “’Liberty’ is a capacious term.” Cool. I suppose I could spend some time thinking about this, but let’s see what the Dobbs Court does with it first. For now this claim is undetermined:
Dobbs Sentences #32: Part II A 2
Paragraph 7 of 9 Sentence 1 of 4 The next sentence is three claims: “Historical inquiries of this nature are essential whenever we are asked to recognize a new component of the ‘liberty’ protected by the Due Process Clause because the term “liberty” alone provides little guidance.” Here they are separated: I’ve reversed the order […]
Dobbs Sentences #31: Part II A 2
Paragraph 6 of 9 Sentence 2 of 2 The next sentence contains three claims reiterating the point: “Thus, in Glucksberg, which held that the Due Process Clause does not confer a right to assisted suicide, the Court surveyed more than 700 years of ‘Anglo-American common law tradition,’ 521 U. S., at 711, and made clear […]
Dobbs Sentences #30: Part II A 2
Paragraph 6 of 9 Sentence 1 of 2 The first sentence of the next paragraph contains two claims: “Timbs and McDonald concerned the question whether the Fourteenth Amendment protects rights that are expressly set out in the Bill of Rights, and it would be anomalous if similar historical support were not required when a putative […]
Dobbs Sentences #29: Part II A 2
Paragraph 5 of 9 Sentence 3 of 3 The next sentence is also a single claim, and it’s presented a little dramatically: “Only then did the opinion conclude that “the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered […]
Dobbs Sentences #28: Part II A 2
Paragraph 5 of 9 Sentence 2 of 3 The next sentence is packed with references: “The lead opinion surveyed the origins of the Second Amendment, the debates in Congress about the adoption of the Fourteenth Amendment, the state constitutions in effect when that Amendment was ratified (at least 22 of the 37 States protected the […]
Dobbs Sentences #27: Part II A 2
Paragraph 5 of 9 Sentence 1 of 3 The next paragraph starts with a sentence that contains two claims: “A similar inquiry was undertaken in McDonald, which held that the Fourteenth Amendment protects the right to keep and bear arms.” Here are the two claims: Since this is the topic sentence, the claims made here […]
Dobbs Sentences #26: Part II A 2
Paragraph 4 of 9 Sentence 2 of 2 The next sentence is only one claim, but it contains a number of elements: “In concluding that the Eighth Amendment’s protection against excessive fines is “fundamental to our scheme of ordered liberty” and “deeply rooted in this Nation’s history and tradition,” 586 U. S., at ___ (slip […]
Dobbs Sentences #25: Part II A 2
Paragraph 4 of 9 Sentence 1 of 2 The opening sentence of the next paragraph contains a single claim: “Justice Ginsburg’s opinion for the Court in Timbs is a recent example.” Without getting into the content of Ginsburg’s opinion, the facts of this claim are pretty easy to establish. Timbs was decided in 2019, and […]
Cynical Jason 